In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner, an accused in a case of cheating and forgery during a police recruitment examination, directing him to furnish a bail bond and sureties.
Release on bail by directing the petitioner to furnish a bond of Rs. 10,000 with two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8608 of 2014
====================================================== Suryadeo Paswan, S/o Naresh Paswan, R/o Vill. Pakari, P.S. Pakari Barawan, District – Nalanda. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 15-04-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is accused in connection with Muzaffarpur Town P.S. Case No. 531 of 2013 registered under Sections 406, 420/34 of the I.P.C. and Section ¾ of Bihar Conduct of Examination Act.
The accusation is that after selection at the post of Sepoy, petitioner and two others were found suspected at the time of joining that in their place, other persons appeared in the written examination.
Learned counsel appearing on behalf of the petitioner submits that petitioner had appeared in the written examination, viva voce and physical test also and the case would be at best under section 419 of the I.P.C. It is also submitted that similarly situated co-accused Mukesh Kumar and Jitendra Kumar Rajak have already been allowed bail by a Bench of this Court
Patna High Court Cr.Misc. No.8608 of 2014 (2) dt.15-04-2014
2
vide Cr. Misc. No. 1482 of 2014 on 14.02.2014. It is also submitted that petitioner has no criminal antecedent and is in custody since 26.09.2013.
Under the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 531of 2013.
(Rajendra Kumar Mishra, J.)
Shail/-
1 issue framed by the court
Whether the petitioner accused of impersonation and cheating in a police constable recruitment examination should be released on bail.
2 provisions across 2 enactments
Suryadeo Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
