Chanchal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28895 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== Chanchal Kumar S/o Chandeshwar Ram R/o vill - Kazipur, Post- Rasalpur, P.S.- Doriganj, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 72 of 2025, instituted for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of Bihar Conduct of Examination Act, 1981.
3. The prosecution case, in short, is that, on the alleged date of occurrence, the informant was deputed in the Central Selection Board (Constable) Recruitment and on 28.01.2025, the physical verification was going on. In the course of Biometric verification, it was found that the signature and photographs of the petitioner mismatched from the person,
Patna High Court CR. MISC. No.28895 of 2025(2) dt.13-05-2025 2/3 who had appeared in the examination in his place. It is further alleged that on enquiry, the petitioner had confessed that he had conspired with one Rajesh Ram and Bipin Singh.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner himself appeared in the written and physical examination and to save the real culprits, the informant has wrongly arrested the petitioner only on the basis of suspicion. The petitioner is in custody since 29.01.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 24423 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.28895 of 2025(2) dt.13-05-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gardanibagh P.S. Case No. 72 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T