D.N. Upadhyay, J. - (1.) HEARD learned counsel for the parties. It appears from the written report that some of the students committed forgery and cheating in the M.B.B.S. admission test. Some of the students impersonated and somebody else appeared in the examination. When the matter came in light, it was enquired into and name of the persons involved in me alleged mal -practice has surfaced and this case has been instituted. It is alleged that this petitioner was either impersonated or somebody else had appeared in the test on his behalf and therefore, his admission was cancelled and he was debarred for three years from appearing in the admission test.
(2.) IT is submitted that in the entire case diary during investigation it was not detected as to who appeared on behalf of the petitioner in the admission test. No document by the I.O. has been seized to indicate that the petitioner was either impersonated or somebody else had appeared in the admission test. As a matter of fact, the petitioner has completed the test on his own ability which is apparent from the fact that even after three years he had appeared in the admission test and he has been selected and he has been continuing his study. Learned counsel appearing for the State opposed the prayer for bail. Since the I.O. has not collected cogent evidence against present petitioner he is directed to surrender before the Court below within a period of three weeks from today and on such surrender he is directed to be released on bail on furnishing bail bond of Rs. 10,000/ - (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court of Sri Manish, learned Judicial Magistrate, Ranchi in connection with Namkum P.S. Case No. 188 of 2008 corresponding to G.R. Case No. 4230 of 2008 subject to the conditions laid down under Section 438(2), Cr.P.C.;