Jaglal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1148 of 2020 Arising Out of PS. Case No.-251 Year-2019 Thana- GARKHA District- Saran ====================================================== Jaglal Mahto Son of Late Ram Dayal Mahto Resident of Village - Gopur, P.S. - Garkha, District - Saran ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party :

Mr.Anand M Pd Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 420/471 of the Indian Penal Code on the allegation that the petitioner obtained Government service by furnishing forged caste certificate. Learned counsel for the petitioner submits that on account of lack of knowledge that 'Nonia' and 'Kharia' are one and the same caste, the petitioner mentioned himself to be of 'Kharia' caste in the Category column of the Form, though he was 'Nonia' by caste as per his caste certificate. Further, the petitioner has already been dismissed from service after departmental verification vide order dated 30.1.2019, issued by the Director, Central Road Research Institute (CRRI), Delhi Mathura Road, New Delhi. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.1148 of 2020(2) dt.20-02-2020 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate 14th , Saran at Chapra in Garkha Police Station Case No. 251 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T