Nitesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49033 of 2012 ====================================================== Nitesh Patel, S/o Rambali Singh, Resident of Village- Rakasia, P.S.- Dulhin Bazar, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr.Adv. For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-03-2015 The petitioner is facing the allegation that he produced an incorrect and improper caste certificate in the context of procuring admission into a professional course. Accordingly, Shastri Nagar P.S. Case No.256 of 2012 was registered. Apprehending his arrest, the petitioner filed A.B.P. No. 4769 of 2012 in the court of learned Sessions Judge, Patna, which was dismissed through order dated 27.11.2012. Hence, this application for grant of anticipatory bail under Section-438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Whether the caste certificate produced by the petitioner was properly issued by the authority or not needs to be examined in the investigation. Further, it is not essential that the petitioner must be arrested.

Patna High Court Cr.Misc. No.49033 of 2012 (5) dt.10-03-2015 2/2 Therefore, the application is allowed.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Shashtri Nagar P.S. Case No.256 of 2012, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U T