Prahlad Kumar @ Commando v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64226 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
Prahlad Kumar @ Commando S/o Ajay Kumar Ram @ Ajay Kumar R/o vill - Babhanbigha, P.S.- Barbigha, Distt.- Sheikhpura 2.
Nitish Kumar S/o Mahendra Ram R/o vill - Babhanbigha, P.S.- Barbigha, Distt.- Sheikhpura 3.
Avtar Kumar S/o Awadhesh Pandey R/o vill - Babhanbigha, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Umakant Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 211 of 2025 dated 21.07.2025 registered for the offences punishable under Sections 338, 336(3), 340(2), 112(2), 319(2), 318(4), 61(2) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the informant being Addl. SHO of Sheikhpura Police Station got information that imposter bio-metric operators and bio-metric supervisors have been deployed for manipulation in written examination of police
2/4 constable examination at Islamiya High School, Sheikhpura. The informant along with police party reached the said school and arrested the imposter bio-metric operator with forged Aadhar Card and Identity card, on the inquiry name of one Chintu Kumar was disclosed who was bio-metric supervisor and Chintu Kumar further confessed the name of the present petitioner no. 1 who was arrested from the vicinity of the school. Petitioner no. 1 (Prahlad Kumar) accepted that as per direction of head of the gang Gorelal Yadav they were working at different examination centers in collusion with the bio-metric operator and Supervisor to facilitate cheating in the examination. He further disclosed the names of other persons as member of their associates out of which Nitish Kumar (petitioner no. 2) and Avtar Kumar (petitioner no.3) were arrested from the vicinity of the Islamiya School.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners had no authority to appoint the biometric operator or supervisor on the examination centers. He further submits that there are procedure of verification and identification of the persons deployed on the examination centre by the centre administration in such situation allegation for
3/4 sending the imposter bio-metric operator by petitioner no. 1 and allow them to operate/discharge the duty by examination administration is not possible. He further submits that the disclosure/confession before the police against co-accused has no value in the eye of law. The petitioners have no concern with the alleged occurrence. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 21.07.2025.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, and further considering the fact if the allegation is deemed to be true they are only conspirators and no active role has been played by them in the alleged occurrence, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 211 of 2025 with further condition:- (I) The petitioners are directed to remain physically present before the learned Court below on each and every date,
4/4 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Siddharth Soni/- U T