Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30198 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -AIRPORT District- PATNA ======================================================

1. Rajesh Kumar, Son of Sri Kailash Paswan, a resident of Mohalla- Kazi Bazar, Paswan Toli, Police Station- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .. Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Hawai Adda P.S. Case No. 79/2018 for the offences punishable under Sections 420, 467, 468 & 471 of I.P.C.

The allegation of the prosecution is that when a person, stated to be the petitioner, appeared in the written examination and was asked to put his thumb impression for the purposes of confirming the bio metric impression, the person instead of putting his thumb in the said bio metric machine for the purposes of identification, ran away and thereafter the present case was lodged against the petitioner for impersonation. The case diary has been received in the present case and it appears that the investigation is complete.

Patna High Court Cr.Misc. No.30198 of 2018 (3) dt.30-05-2018 2/2 The learned counsel for the petitioner submits that the petitioner was not present at the examination centre, hence if anybody else has been found to be impersonating the petitioner herein, though not caught from the spot, the petitioner cannot be made liable for the same. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 10.04.2018. The petitioner is stated to be ready for being imposed with any condition for the purposes of grant of bail. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Tanveer Kuar J.M. 1st Class, Patna in connection with Hawai Adda P.S. Case No. 79/2018.

It is directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10 A.M. on each and every Monday of the month and in the event of his failure on three consecutive occasions to mark his attendance, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) S.Sb/- U T