Suresh Kumar Sharas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28928 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Suresh Kumar Sharas, son of Ram Bhal Singh, resident of villageBahadurganj, P.S.- Bahadurganj in the district of Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.

The petitioner, being the Revenue Karamchari of Bahadurganj Block in the district of Kishanganj, is apprehending his arrest in connection with Bahadurganj P.S. Case No.128 of 2015 for allegedly having committed the offence under Sections 193, 166A, 420, 466, 465/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the present F.I.R. has been lodged only because the petitioner has recommended for issuance of caste certificate in favour of one Pankaj Kumar Basak stating to be of Chaupal caste and on the basis of such recommendation, a caste certificate has been issued in his favour. Learned counsel for the petitioner further submits

Patna High Court Cr.Misc. No.28928 of 2015 (7) dt.14-12-2015 2/2 that petitioner in exercise of his official duty had verified the record in which the grandfather of said Pankaj Kumar Basak has been shown as of Chaupal caste and it is on the basis of such record, the petitioner has made such recommendation. He further submits that such recommendation was only on the basis of the records and there was no act of dishonesty practised by him in making such recommendation.

Considering the nature of allegations and that the petitioner had made such recommendations only on the basis of official documents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on 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, Kishanganj, in connection with Bahadurganj P.S. Case No.128 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T