Md. Sonu Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Md. Sonu Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to Md. Sonu and Pralok Kumar in Gardanibagh P.S. Case No. 48 of 2025, effective after framing of charge, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII, Patna, subject to the conditions that one bailor be a family member/relative and that the petitioners appear on every trial date (failure on two consecutive dates without plausible reason may entail cancellation of the bail bond by the Trial Court).

Issue for consideration

Whether the petitioners, arraigned in Gardanibagh P.S. Case No. 48 of 2025 (alleged impersonation in the Constable Examination) for offences under Sections 318(4), 338, 336(3), 340(2), 112(2) of the BNS 2023 and Section 10/11 of the Bihar Examination Act, should be released on regular bail. +1 more

Court's answer

Both petitioners are to be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII, Patna, in connection with Gardanibagh P.S. Case No. 48 of 2025, the Court having considered the facts presented and the period spent in custody.

Ratio / Principle

Condition (i): one of the bailors must be a family member/relative of the petitioners.

Key takeaways

Condition (ii): the petitioners must appear before the Trial Court on each and every date; failure to do so on two consecutive dates without plausible reason may entail cancellation of the bail bond by the Trial Court itself.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), by order dated 28-04-2025 in Criminal Miscellaneous No. 22514 of 2025, grants conditional regular bail to two petitioners (Md. Sonu and Pralok Kumar) in Gardanibagh P.S. Case No. 48 of 2025, Patna, registered for offences punishable under Sections 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10/11 of the Bihar Examination Act, on allegations that some other person appeared and wrote the Constable Examination in place of the petitioners. Bail is directed after framing of charge, on bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-XIII, Patna, subject to conditions: (i) one bailor must be a family member/relative; (ii) appearance on each and every trial date, failure on two consecutive dates without plausible reason permitting the Trial Court itself to cancel the bail bond. Counsel relied on custody since 18.01.2025 and parity with co-accused Mahadev Kumar, bailed by a Co-ordinate Bench vide order dated 23.04.2025 in Cr. Misc. No. 20071 of 2025; the State had opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22514 of 2025

Arising Out of PS. Case No.-48 Year-2025 Thana- GARDANIBAG District- Patna

======================================================

1. Md. Sonu S/O Md. Idrish R/O Vill.- Jahangira, P.S.- Sultanganj, Dist.Bhagalpur

Pralok Kumar S/O Arvind Prasad R/O Vill.- Khutaha, P.S.- Lodipur, Dist.Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 28-04-2025

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with Gardanibagh P.S. Case No. 48 of 2025 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10/11 of the Bihar Examination Act.

As per the prosecution story, petitioners were candidate in Constable Examination being conducted by the State Government and allegation against the petitioners are that in place of the petitioners, some other person appeared and

Patna High Court CR. MISC. No.22514 of 2025(2) dt.28-04-2025 2/3

wrote the examination.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. They have not committed any offence. No incriminating article has been recovered from the possession of the petitioners. It is also submitted that the petitioners have not committed any forgery while appearing in written test or physical tests. Similarly situated other co-accused person namely, Mahadev Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 23.04.2025 in Cr. Misc. No. 20071 of 2025. Moreover, the petitioners are languishing in judicial custody since 18.01.2025.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the aforesaid facts and the period under custody, let the petitioners, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Patna in connection with Gardanibagh P.S. Case No. 48 of 2025 subject to following conditions:-

(i) one of the bailor should be the family

Patna High Court CR. MISC. No.22514 of 2025(2) dt.28-04-2025 3/3

member/relative of the petitioners.

(ii) the petitioners shall appear on each and every date

before the Trial Court and failure to do so for two consecutive dates without plausible reason may entail cancellation of his bail bond by the Trial Court itself.

(S. B. Pd. Singh, J)

Sudhanshu/-

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