IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33941 of 2010 SANJAY KUMAR YADAV son of Ram Bilash yadav R/o village Pratappur, P.S. Shambhuganj, Dist. Banka…petitioner Versus THE STATE OF BIHAR opposite party. ----------- 2 15.09.2010 Heard the parties. In a criminal prosecution registered under sections 420, 467, 468 and some other allied offences under the Indian penal Code, the petitioner participated in the recruitment test for the post of constable held at Katihar on Ist of August 2010. He is also said to have participated in the recruitment test held on 19th September 2009 at Katihar. However, from some documents found in his possession, it transpired that on 28th October 2009 he had participated in the recruitment test held at Jamalpur for the post of constable in the name of one Bipin Kumar Yadav, the brother of the petitioner. It is submitted that even according to the prosecution case the petitioner is not alleged to have committed any forgery of document or is not alleged to have impersonated for any other person in the recruitment test held in the year 2010 at Katihar. For the alleged impersonation or forgery alleged to have committed at Jamalpur in the year 2009, no criminal case was lodged at that time and, therefore, that allegation remains in the realm of suspicion. Petitioner is stated to be in judicial custody since 1.8.2010. In the aforesaid back ground the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Katihar in connection with Katihar Town P.S. Case no. 255 2 of 2010, subject to the condition: (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. M.Rahman ( Birendra Prasad Verma, J )