Sameer Kumar @ Samir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17913 of 2025 Arising Out of PS. Case No.-724 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Sameer Kumar @ Samir Kumar S/o Shashi Bhushan @ Shashi Bhusan Paswan @ Shashi Bhushan Dhari, R/o Village- Karsa, P.S.- Bikram, Distt.- Patna, Bihar - 801104.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Deepak Kumar, Advocate Mr. Ajay Kumar Prasad, Advocate Mr. Kamal Kishor Kumar, Advocate Mr. Vivek Kumar, Advocate For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gardanibagh P.S. Case No. 724 of 2024, dated 28.12.2024, registered for the offences punishable under Section 318(4), 338, 336(3), 40(3) and 112(2) of the B.N.S., 2023 and under Section 10 and 11 of B.S.P. Examination Prohibition Act.

3. As per the prosecution case, in the physical efficiency test of candidates for selection to the post of constable which took place on 28.12.2024, the photo of the petitioner did not match with the photo given in the written

Patna High Court CR. MISC. No.17913 of 2025(2) dt.21-04-2025 2/3 examination application during the course of matching by biometric method. It is further alleged that the petitioner with the help of other accomplices hatched a conspiracy and tried to get the said job by fraudulent means.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 29.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XXVII, Patna, in connection with Gardanibagh P.S. Case No. 724 of 2024, on the following condition:

(I) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.17913 of 2025(2) dt.21-04-2025 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T