Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24755 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Sanjeet Kumar S/o Vidya Prasad Yadav, R/o Vill.- Dulhar, P.S.- Asorganj, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, who is in custody since 07.03.2018, seeks bail in connection with Gardanibagh P.S. Case No.77 of 2018 registered for the offences under Sections 417 and 420 of the Indian Penal Code.

It is alleged that the LTI of the petitioner in biometric machine did not match while he appeared in the written examination and lastly in the physical test. It is also alleged that someone impersonated him and appeared in written test. 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 this Court in Cr.Misc.No.27825 of 2018, Cr.Misc.No.28447 of

Patna High Court Cr.Misc. No.24755 of 2018 (3) dt.18-05-2018 2018 and Cr.Misc.No.27184 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 A.C.J.M. XIV, Patna in connection with Gardanibagh P.S. Case No.77 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