The Patna High Court granted bail to a petitioner accused under Sections 417 and 420 IPC regarding false thumb impressions in a police constable recruitment exam, requiring a bond of Rs. 10,000 with two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount to the ACJM, Patna.
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.28595 of 2018
Arising Out of PS.Case No. -53 Year- 2018 Thana -GARDANIBAGH District- PATNA
====================================================== Pramod Kumar Yadav S/o Yogendra Yadav, R/o Vill.- Kalhua, P.S.Andhra Thadhi, District- Madhubani.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anju Mishra
For the Opposite Party/s : Mr. Sri Parmeshwar Mehta
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Gardanibagh P.S. Case No. 53 of 2018, G.R. No. 1372 of 2018 for offences punishable under Sections 417 and 420 of the Indian Penal Code.
The prosecution case, as lodged by the police officials, is that during conducting of physical test of recruitment of constable for the year 2017, 21 candidates including the petitioner were found to have different thumb impression during biometric with that of the thumb impression of the written examination.
Patna High Court Cr.Misc. No.28595 of 2018 (2) dt.11-05-2018
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It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated. He submits that no recruitment had yet been done, the petitioner has been declared not eligible for the recruitment and has suffered enough and that he is languishing in judicial custody since 23.02.2018. It is submitted that some of the co-accused named in the F.I.R. have already been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 24278 of 2018 vide order dated 26.04.2018.
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 Additional Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 53 of 2018, G.R. NO. 1372 of 2018.
(Nilu Agrawal, J)
Devendra/U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case of cheating and forgery involving false candidates in police recruitment.
1 provisions across 1 enactments
Pramod Kumar Yadav
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
