In an oral order, the Patna High Court rejected a petition for regular bail seeking release for impersonation of a co-accused in an SSC exam case, citing verified handwriting evidence despite bail grants to co-accused.
Petitioner's application for regular bail was rejected with direction to renew prayer after framing of charges.
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.
Patna High Court Cr.Misc. No.30356 of 2017 (4) dt.07-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30356 of 2017
Arising Out of PS.Case No. -7 Year- 2013 Thana -C.B.I CASE District- PATNA
======================================================
.... .... Petitioner/s
Versus 1. The State of Bihar Through C. B. I. .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur. Advocate For the Opposite Party/s : Mr. Bipin Kumar Sinha(SC, CBI)
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 07-08-2017 The petitioner seeks regular bail in connection with R.C, Case No. 7(S)/2013, registered for offences punishable under Sections 120(B), 419, 420, 467, 468 and 471 of Indian Penal Code.
Allegation against the petitioner is of impersonation as he written the paper of examination conducted by Staff Selection Commission in place of co-accused.
It has been submitted on behalf of the petitioner that person on whose behalf, the petitioner is alleged to have written the papers of Staff Selection Commission, has already been granted bail and the petitioner has been in judicial custody since 22.03.2017 and is ready to abide by any condition imposed on him for grant of bail.
Patna High Court Cr.Misc. No.30356 of 2017 (4) dt.07-08-2017
Learned Standing Counsel, appearing on behalf of the CBI, has opposed the prayer for bail and submitted that handwriting of the petitioner has been verified by the hand writing expert and it was found to be of the petitioner’s and, therefore, he does not deserve the privilege of bail.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation, at this Stage, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.
However, the petitioner may renew his prayer for bail after framing of charge in this case.
(Vinod Kumar Sinha, J)
sunil/-
U
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused of writing examination papers in the name of a co-accused.
Whether verification of handwriting by an expert precludes the grant of bail at this stage.
1 provisions across 1 enactments
Arvind Kumar
The State of Bihar Through C. B. I
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
