Ablesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27034 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- GARDANIBAGH District- Patna ====================================================== Ablesh Kumar, aged about 30 years, Son of Ram Bhajan Prasad Resident of Khutaha, Post-Lodipur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Nirala For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gardanibagh P.S. Case no. 40 of 2018 registered under Sections 417 and 420 of the Indian Penal Code.

As per 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.27034 of 2018(3) dt.22-05-2018 2/2 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 no criminal antecedent. He has been languishing in custody since 19.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Patna in connection with Gardanibagh P.S. Case no. 40 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T