Vikram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27184 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- GARDANIBAGH District- Patna ====================================================== Vikram Paswan son of Ayodhya Paswan Resident of Village Bulkichak, Police Station - Mohanpur, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gardanibagh P.S. Case No. 77 of 2018 for offences punishable under Sections 417 and 420 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during course of physical test for recruitment on the post of Constable of the year 2017 during biometrics it was found that the thumb impression did not match with the candidate's thumb impression, who had appeared in the written examination. As many as 11 persons were found, whose thumb impression did not match and six persons had imposted another person for physical test. Petitioner belongs to the category of those whose thumb impression did not match with that of the

Patna High Court Cr.Misc. No.27184 of 2018(2) dt.10-05-2018 2/2 candidate of the written examination. Accordingly, a First Information Report was lodged.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has not been recruited as yet. He submits that he has been punished sufficiently as he has been removed from the consideration zone and is languishing in judicial custody since 07.03.2018. He further submits that some of the candidates, in whose context similar allegations were made, have been granted privilege of bail by coordinate Benches of this Court, one of which being Cr. Misc. No. 26414 of 2018 vide order dated 04.05.2018. 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 Addl. Chief Judicial Magistrate-XIV, Patna, in connection with Gardanibagh P.S. Case No. 77 of 2018. Rajesh/- (Nilu Agrawal, J) U T