Daya Shankar Singh @ Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42138 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Daya Shankar Singh @ Rohit Raj S/o Mahendra Singh R/o Bathhuwahan , P.S. Paharpur, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Paharpur P.S. Case No. 46 of 2016 instituted for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner by changing his name and date of birth appeared twice in matriculation examination and obtained two certificates. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has been made accused due to mistake of fact. So

Patna High Court Cr.Misc. No.42138 of 2016 (3) dt.13-12-2016 2/2 far as two certificates are concerned, it has been submitted that the petitioner has taken no wrongful gain out of those said certificates. The present prosecution has been brought because the petitioner has filed an application under R.T.P.S. for information in respect of the wife of the informant, who runs Anganbari Centre.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today, be released on bail furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No. 46 of 2016, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) ajaypd./- U T