Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26039 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- GARDANIBAGH District- Patna ====================================================== Pramod Kumar, S/o Krishna Prasad, R/o Village- Garhpar, P.O.+P.S.- Biharsharif, Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rewti Kant Raman For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 23.02.2018 in connection with Gardanibagh P.S. Case No. 53/18 for offences punishable under Sections 417, 420 of the Indian Penal Code.
The prosecution case, as lodged by the police official, is that the petitioner along with others had appeared for the physical test for appointment on the post of constable and during course of biometrics it came to light that the thumb print was not matching with the thumb print of the candidate who had taken the written examination. List of 21 persons including the petitioner was furnished against whom it is alleged that they
Patna High Court Cr.Misc. No.26039 of 2018(2) dt.02-05-2018 2/3 impersonated, as some other person had appeared in the written examination and some other person was present for the physical examination and biometrics.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is ready to cooperate with the investigation and provide all necessary documents. He submits that two of the co-accused on similar allegations have been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 21955 of 2018 vide order dated 19.04.2018 and Cr. Misc. No. 23670 of 2018 vide order dated 25.04.2018. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XIV cum ACJM, Patna, in connection with Gardanibagh P.S. Case No. 53/18, subject to the condition that petitioner shall fully cooperate with the investigation and trial of the case and not tamper with the prosecution witnesses and evidence,
Patna High Court Cr.Misc. No.26039 of 2018(2) dt.02-05-2018 3/3 failing which the court below will be at liberty to cancel the bail bond of the petitioner.
(Nilu Agrawal, J) Rajesh/- U T