Prabhakar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.23945 of 2018 (4) dt.24-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23945 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -GARDANIBAGH District- PATNA ======================================================

1. Prabhakar Kumar, Son of Dukhi Singh, Resident of Village-Dholi, P.S.- Bhaptiyahi, District-Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Gardanibagh P.S. Case No. 45/2018 registered under Sections 417 and 420 of the Indian Penal Code.

As per the prosecution case, someone else has impersonated the petitioner in the examination for selection of constable as the thumb impression of the petitioner taken at the time of written examination did not match with that taken at the time of physical test and the petitioner during course of inquiry, has also admitted his aforesaid fault.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

Patna High Court Cr.Misc. No.23945 of 2018 (4) dt.24-05-2018 falsely implicated in this case due to ulterior motive. He has not made any admission before police authority. As the thumb impression of the petitioner taken at the time of his physical test did not match with that taken at the time of his written examination then why he was not checked from appearing in the physical test rather was allowed and he stood passed. He has also no criminal antecedent. He has been languishing in custody since 22.02.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 the learned Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 45 of 2018.

(Prakash Chandra Jaiswal, J.) Rakhi U T