Patna High Court - Orders
Jayram Sah vs The State Of Bihar on 5 August, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36801 of 2024
Arising Out of PS. Case No.-10 Year-2024 Thana- SAHPUR District- Bhojpur
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Jayram Sah Son of Late Dasai Sah Resident of Village - Madhopur, P.S.-
Shahpur, District - Bhojpur (Ara)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Shrivastava, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 05-08-2024Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 10 of 2024 registered under Sections 420, 467, 468 and 120-B of the Indian Penal Code.
3. As per prosecution case, petitioner got elected on the post of Mukhiya on the basis of false caste certificate.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to previous enmity and grudge. Further submission is that petitioner belongs to Kanu caste; hence, Circle Officer, Shahpur, Bhojpur issued a caste certificate of Kanu caste in favor of the petitioner bearing no. BCCC0/2021/1072965 dated 20.02.20214, and the petitioner comes under the Extremely Backward Category and contested Patna High Court CR. MISC. No.36801 of 2024(4) dt.05-08-2024 2/2 the election and got elected Mukhiya. It is next submitted that on the application of one Rameshwar Prasad Gupta, the caste certificate was cancelled vide letter no. 1815 dated 26.11.2022, which has been challenged before this Hon'ble Court by the petitioner vide C.W.J.C. No. 16409 of 2022. Learned counsel lastly submits that pursuant to the order dated 13.12.2023 passed in Case No. 01 of 2023 by the State Election Commissioner of Bihar, the petitioner has already been removed from the post of Mukhiya. Petitioner claims clean antecedent.
5. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 10 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/-
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