Brajesh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23735 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Brajesh Kumar Paswan, S/o Krishna Deo Paswan @ Krishnadev Paswan, resident of Village+ P.O.- Madhodih, P.S.- Harpur, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is in custody since 22.02.2018, seeks bail in connection with Gardanibagh P.S. Case No.52 of 2018 registered for the offences under Sections 417 and 420 of the Indian Penal Code.

It is alleged that when the petitioner appeared for physical test for appointment on the post of constable, it was noticed that some other candidates had appeared in the written test impersonating himself as the petitioner. It has been submitted that the finding is on the basis of biometric attendance of the petitioner and similarly situated coaccused have been granted bail by different coordinate Bench of

Patna High Court Cr.Misc. No.23735 of 2018 (3) dt.17-05-2018 this Court in Cr.Misc. No.21655 of 2018, Cr.Misc.No.21944 of 2018, Cr.Misc.No.23044 of 2018 and Cr.Misc.No.28947 of 2018. The case of the petitioner stands on similar footing. The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Sub Judge XIV-cumA.C.J.M., Patna in connection with Gardanibagh P.S. Case No.52 of 2018 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail.

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U