Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36656 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- SACHIVALAYA District- Patna ====================================================== Rajeev Kumar Son Of Sri Shailendra Singh R/O Village- Kochgaon, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 468, 120(B) of the Indian Penal Code and section 10 of the Bihar Control Examination Act.

It is a case of impersonation. It is alleged that Kendriya Chayan Parishad, Bihar Patna vide advertisement no. 02/2019 conducted written examination for the post of constable on 12.01.2020 and 08.03.2020 in two shifts and thereafter, on 07.12.2020 to 30.01.2021 physical test was conducted of the candidates who were selected in written examination in which photo and thumb impression of 656 candidates including petitioner did not tally during biometric examination.

Patna High Court CR. MISC. No.36656 of 2022(2) dt.07-11-2022 2/3 It is submitted that petitioner has been falsely implicated in this case only on suspicion. It is submitted that admits cards were issued to the candidates for appearing in the written test after proper verification which carry the photographs as well as signatures of candidates. Admit cards were issued to the successful candidates of written examination for physical examination test. During physical examination test the identity of the candidates are matched with their photographs as well as their signatures on their admit card and thereafter, the candidates were allowed to appear in the physical examination test. Photographs and signatures of candidates are same in both the written and physical test.

Petitioner is a bona fide candidate and it appears that there might be some error on the part of technical expert-cum-IT Manager in matching the biometric details of the petitioner and the same is subject to enquiry. Similarly situated co-accused has been granted bail by this Court vide order dated 29.09.2022 passed in Cr. Misc. No. 29972 of 2022. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.36656 of 2022(2) dt.07-11-2022 3/3 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 the learned Additional Chief Judicial Magistrate II, Patna in connection with Sachivalay P.S. Case No. 39 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T