Manoj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68064 of 2022 Arising Out of PS. Case No.-564 Year-2017 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Manoj Prasad S/o Sheo Shankar Gond R/o Village- Majhari, P.S.- Mohania, Distt- Kaimur.

2.

Md. Irshad Ali S/o Late Izhar R/o Village- Majhari, P.S.- Mohania, DisttKaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Alka Singh For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 419 and other allied sections of the Indian Penal Code and section 10 of the Bihar Examination Control Act.

It is a case of impersonation. The allegation against petitioners is that they demanded Rs. 4.5 lakhs from the aspirants of Constables Examination for the purpose of making some other persons appear in the said examination with assurance that such aspirants become successful. It is submitted that petitioners are not named in the

Patna High Court CR. MISC. No.68064 of 2022(4) dt.20-03-2023 2/2 FIR. Name of petitioners transpired during course of investigation. No incriminating article has been recovered from conscious possession of the petitioners and only on suspicion they have been made accused in this case. Petitioner no. 1 is Constable in Boarder Security Force and petitioner no. 2 is Constable in Central Reserve Police Force. Similarly situated co-accused Shashi Kumar has been granted bail by this Court vide order dated 19.02.2018 passed in Cr. Misc. No. 4717 of 2018. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 564 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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