Md. Nazim Alam @ Md. Nazim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50146 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Nazim Alam @ Md. Nazim .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 471 and 420 of the Indian Penal Code.
The allegation against the petitioner is that he belongs to Muslim Sheikh caste and by giving fake declaration, he obtained backward caste certificate of Nai Caste.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. Due to mistake of fact the present case has been instituted. As per allegation on the basis of fake declaration, backward caste certificate has been obtained from the Circle Officer.The said certificate has already been cancelled by the competent
Patna High Court Cr.Misc. No.50146 of 2016 (2) dt.22-11-2016 2/2 authority.The certificate, in question, has not been used by the petitioner for any wrongful gain.
On behalf of the State, it is submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest/surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Purnea in K.Nagar (Sri Nagar) P.S.Case No. 239 of 2016,subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T