IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23925 of 2009 Singasan Prasad @ Sihasan Prasad, Son of Sri Nand Lal Ram, resident of Village-Sarenja, P.S.-Rajpur, District-Buxar. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 31.08.2009 The petitioner apprehends his arrest in Buxar Town Police Station Case No.244 of 2002 instituted under Sections 420,467,468,471,474 and 120(B) of the Indian Penal Code. It is alleged that one Abhay Kumar had applied for a backward class certificate for seeking employment in Indo Tibetian Border Force. He made an application to the revenue clerk, who after due enquiry and report forwarded it to the Circle Inspector. On the day the matter was taken up in absence of regular Circle Officer petitioner was officiating as in-charge and endorsed the same to the Circle Officer, who ultimately granted the certificate to the said Abhay Kumar showing him to be backward class and not Rajput that he was. This was revealed in course of enquiry after Abhay Kumar was selected in the Indo Tibetian Border Force in course of verification. Petitioner submits that he was only holding charge temporarily of the post of Circle Officer and had merely forwarded the report of the revenue clerk to the Circle Officer. He had neither issued the certificate nor recommended the issuance thereof. He is a government servant and if he is detained in custody he would suffer irreparable loss. It is further submitted that in the departmental proceeding the petitioner has merely been warned whereas the revenue - 2 - clerk was punished. In the facts and circumstances of the case, in the event of arrest/surrender within four weeks from today, the petitioner abovenamed shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, Ist Class, Buxar in connection with Buxar Town Police Station Case No.244 of 2002, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)