IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45313 of 2009 MITHILESH KUMAR PANDEY, SON OF RAJ KISHORE PANDEY, RESIDENT OF VILLAGE BAHARBAN/BELAHI, P.S. KALUAHI, DISTRICT MADHUBANI. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 24.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Sections 420 and 471 of the Indian Penal Code. Against the Roll No. 5320 name of the candidate is not entered. It is said that the petitioner has utilized this Roll No. for obtaining a job and, therefore, this criminal case has been filed. The petitioner moved this Court in a writ application and the Court directed that since it is the disputed question of fact, the petitioner may approach the Civil Court for deciding the matter. The petitioner then filed an L.P.A. and the Court gave leave to the petitioner to file a representation before the authority concerned before moving the Civil Court. The only way that this matter can be solved is to get the answer sheets of Roll No. 5320 but that may not be possible in view of the fact that the examination took place in the year 1989 and the answer sheets may not be available for verification. The petitioner is out of a job and, therefore, he has actually been punished for the alleged offence of producing a fake certificate. In view of the aforesaid fact, petitioner Mithilesh Kumar 2 Pandey is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Khajauli (Kalhauli) P.S. Case No. 386 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that he should co-operate with the Court and he must appear on each and every date as and when required, and if he absents himself even for a single date without reasonable cause, his bail bond shall stand cancelled. Sanjay (Sheema Ali Khan, J.)