Md. Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22514 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1.
Md. Sonu S/O Md. Idrish R/O Vill.- Jahangira, P.S.- Sultanganj, Dist.- Bhagalpur 2.
Pralok Kumar S/O Arvind Prasad R/O Vill.- Khutaha, P.S.- Lodipur, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad For the Opposite Party/s :
Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Gardanibagh P.S. Case No. 48 of 2025 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10/11 of the Bihar Examination Act.
3. As per the prosecution story, petitioners were candidate in Constable Examination being conducted by the State Government and allegation against the petitioners are that in place of the petitioners, some other person appeared and
Patna High Court CR. MISC. No.22514 of 2025(2) dt.28-04-2025 2/3 wrote the examination.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They have not committed any offence. No incriminating article has been recovered from the possession of the petitioners. It is also submitted that the petitioners have not committed any forgery while appearing in written test or physical tests. Similarly situated other co-accused person namely, Mahadev Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 23.04.2025 in Cr. Misc. No. 20071 of 2025. Moreover, the petitioners are languishing in judicial custody since 18.01.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and the period under custody, let the petitioners, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Patna in connection with Gardanibagh P.S. Case No. 48 of 2025 subject to following conditions:- (i) one of the bailor should be the family
Patna High Court CR. MISC. No.22514 of 2025(2) dt.28-04-2025 3/3 member/relative of the petitioners.
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason may entail cancellation of his bail bond by the Trial Court itself.
(S. B. Pd. Singh, J) Sudhanshu/- U T