Pramod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28595 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Pramod Kumar Yadav S/o Yogendra Yadav, R/o Vill.- Kalhua, P.S.- Andhra Thadhi, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anju Mishra For the Opposite Party/s : Mr. Sri Parmeshwar Mehta CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gardanibagh P.S. Case No. 53 of 2018, G.R. No. 1372 of 2018 for offences punishable under Sections 417 and 420 of the Indian Penal Code.

The prosecution case, as lodged by the police officials, is that during conducting of physical test of recruitment of constable for the year 2017, 21 candidates including the petitioner were found to have different thumb impression during biometric with that of the thumb impression of the written examination.

Patna High Court Cr.Misc. No.28595 of 2018 (2) dt.11-05-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated. He submits that no recruitment had yet been done, the petitioner has been declared not eligible for the recruitment and has suffered enough and that he is languishing in judicial custody since 23.02.2018. It is submitted that some of the co-accused named in the F.I.R. have already been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 24278 of 2018 vide order dated 26.04.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 53 of 2018, G.R. NO. 1372 of 2018.

(Nilu Agrawal, J) Devendra/- U T