Ramesh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.45962 of 2015 (2) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45962 of 2015 Arising Out of PS.Case No. -199 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ====================================

1. Ramesh Kumar, S/o Rajnandan Prasad, resident of Village - Asaura (Hasara), P.S. - Jehanabad, District - Jehanabad.

2. Uday Kumar, S/o Surajdeo Prasad, resident of Village - Dhawal Bigha, P.S. - Hulasganj, District - Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s :Mr. Rakesh Kumar, Adv. For the Opposite Party/s :Mr. Arun Kr. Singh, No.5 (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2.

06-10-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of regular bail arises out of Mithanpura P.S. Case No.199 of 2015, disclosing offences under Sections 420, 467, 468, 472, 419 and 120(B) of the Indian Penal Code.

The petitioners are said to have participated in the process of selection for appointment to the post of Constables in Bihar Military Police and they were finally selected. It is alleged that selection of some of the candidates, including these petitioners, were found to have been made by adopting malpractices. So far as petitioner

Patna High Court Cr.Misc. No.45962 of 2015 (2) dt.06-10-2015 No.1 is concerned, it is alleged that measurement of his chest was wrongly recorded, at the time of his selection, and as regards petitioner No.2, it is alleged that a mole mark on his right hand was recorded for the purpose of his identification, in the said process of selection, which was not subsequently found in course of the enquiry. Keeping in view the nature of allegation against the petitioners, this application is allowed. The petitioners, abovenamed, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East, Muzaffapur, in connection with Mithanpura P.S. Case No.199 of 2015.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required, and in the event of failure on their part to appear before the Court, on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T