IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4036 of 2009 RAJENDRA MAHTO, son of Late Laxman Mahto, resident of Village Chhourahi, Police Station Khodawandpur, District Begusarai ----Petitioner Versus 1. THE STATE OF BIHAR. 2. Ram Naresh Azad, son of Rajendra Rai, resident of Village Badbakhadda, Police Station Khodawandpur, District Begusarai. ---Opp. Parties ----------- 6. 9.9.2009 Heard the learned counsel for the petitioner and the State as also opposite party no.2. This application is for cancellation of anticipatory bail granted to opposite party no.2 by an order dated 10th December, 2008 passed in Cr.Misc. No.45139 of 2008. It is submitted on behalf of the petitioner that opposite party no.2 while pressing his anticipatory bail has suppressed the material fact that the caste certificate issued in his favour on inquiry made by the concerned District Magistrate was found not correct and as such it would appear that opposite party no.2 contested the election of the Mukhiya on the basis of fake certificate. It is, however, submitted that against the result of the election of opposite party no.2 as Mukhiya, no election petition has been filed as yet and opposite party no.2 has assailed the report of the District Magistrate holding that the opposite party no.2 does not belong to the caste of Dhanuk in a civil suit, which is pending. It is further submitted that in the present criminal case arising out of Khodabandpur P.S. Case No.114/06, upon investigation, the police submitted final form, upon which the petitioner, who was the informant of the case, filed a complaint, which 2 has been registered as Complaint Case No.2271C/06, which is pending in the court of the concerned Chief Judicial Magistrate. In the above circumstances, it has been prayed that the anticipatory bail granted to opposite party no.2 deserves to be cancelled. Learned counsel appearing on behalf of opposite party no.2, on the other hand, submits that the very basis of the submissions of the petitioner that the caste of opposite party no.2 was enquired into by the District Magistrate, who submitted a report that opposite party no.2 does not belong to the caste Dhanuk is subject-matter of the civil suit, besides the fact that the election of opposite party no.2 has not been challenged till date on the basis of the alleged fake certificate. Considering the submissions of the parties and on perusal of the petition and the counter affidavit filed on behalf of opposite party no.2, I do not find it to be a fit case for cancellation of anticipatory bail granted to opposite party no.2. The application is, accordingly, rejected. PNM (Shailesh Kumar Sinha, J.)