IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45139 of 2008 RAM NARESH AZAD, son of Rajendra Rai, resident of Village Bad Bakhadda, P.S. Khodabandpur, District Begusarai ------Petitioner Versus STATE OF BIHAR ----------- 2. 10.12.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Khodabandpur P.S. Case No.114/06 for the alleged offences registered under sections 177, 417 and 468 of the Indian Penal Code. The allegation is that the petitioner fought the election of Mukhiya by filing nomination paper disclosing false caste. It is submitted on behalf of the petitioner that the petitioner has given his correct caste in the nomination paper. No objection was raised when the nomination was put to scrutiny. Later, the informant in order to harass the petitioner moved the State Commission assailing that the petitioner has won the election by giving false caste. However, when no action has been taken, he filed a writ petition before this Court which was disposed of vide order dated 11.7.2007, as contained in Annexure 9. Pursuant to the aforesaid order, the District Magistrate got the matter inquired by the ADM, as contained in Annexure 10, wherein it has been held that the petitioner is originally Dhanuk by caste. It is further submitted that be that as it may, the petitioner cannot be held criminally liable in the light of the allegation levelled against him and the informant is no one but the Ex- 2 Mukhiya having a grudge against the petitioner. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest or surrender in connection with Khodabandpur P.S. Case No.114/06 within a period of four weeks from today, be enlarged 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 Chief Judicial Magistrate, Begusarai, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)