IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18877 of 2011
DR. NOOR ALAM KHAN @ NOOR ALAM KHAN
Versus
THE STATE OF BIHAR
-----------
02. 16.06.2011. Heard.
This petition for anticipatory bail is
disposed of with the direction to the petitioner
to surrender and pray for regular bail before
S.D.J.M.(West), Muzaffarpur in Kanti P.S.Case
No.36 of 2011 which shall be considered by the
court below keeping in its mind that the
complainant had filed the written in his official
capacity and that a public office is known not to
carry any caste or religion. A public servant is a
public servant as defined under Section 21 of the
IPC and on account of being such public servant he
ceases to belong to any particular caste. As such,
the FIR ought not have been lodged under any
provision of the Scheduled Castes and Scheduled
Tribes(Prevention of Atrocities)Act.
The petition, as noted above, stands
disposed of with the above observations.
Let this order be communicated to the
court concerned through fax at the cost of the
petitioner.
B.Kr. ( Dharnidhar Jha,J.)