Patna High CourtCR. MISC./21655/2018bail granted

Shamsilan Ram v. The State Of Bihar

2018-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21655 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -GARDANIBAGH District- PATNA ======================================================

1. Shamsilan Ram S/o Jagdish Ram, R/o Vill.- Malhani Sukhpur, P.S.- Supaul, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv For the Opposite Party/s : Mr. Sri Narsingh Tanti,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 417,420 and 120(B) of the Indian Penal Code.

The FIR would reveal allegation of impersonation by several persons in the examination for appointment of constables based on the fact that thumb impression did not tally. Argument before the learned court below was that cheating by impersonation is a bailable offence. The learned court below has not dispelled the aforesaid submission by reason rather has swayed away by experience that now-a-days, it is common phenomenon in the society. Whereas some other courts at the level of Sessions Judge have already allowed bail to some other coaccused of the same case.

Patna High Court Cr.Misc. No.21655 of 2018 (2) dt.18-04-2018 Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gardanibagh Police Station Case No.52 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T