Akhilesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24077 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Akhilesh Choudhary, Son of Ram Chandar Chaudhri, Resident of VillageHasanpur Tola, Babapur, Post Office- Takiya Karpi, Police StationMahkaar, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Surya Swetabh, Advocate For the Opposite Party : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 417, 420 and 120B IPC.

The petitioner claims parity with other persons who have been made accused in different cases containing identical allegations that during course of physical test for recruitment on the post of Constable of the year 2017 during biometrics it was found that the thumb impression did not match with the candidate's thumb impression, who had appeared in the written examination. Many FIRs including the instant one was lodged. Other accused persons, namely, Vikram Paswan, Sanjeet Kumar, Shashi Abhishek, Mukund Kumar, Shailendra Kumar, Asvind Kumar and Rajeev Ranjan in other FIRs have already been

Patna High Court Cr.Misc. No.24077 of 2018 (3) dt.23-05-2018 2/2 granted bail vide orders dated 10.5.2018, 18.5.2018, 7.5.2018 and 19.4.2018, passed in Cr. Misc No.27184/2018, 24755/2018, 28364/2018 and 21944/2018 respectively. Prior to lodging of this case, petitioner is a man of clean antecedent. Petitioner is in custody in connection with this case since 27.2.2018. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna in Gardanibagh Police Station Case No. 65 of 2018 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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