Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24722 of 2012 ====================================================== Md. Akbar, Son of Md. Kalia. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 24-08-2012 Supplementary affidavit has been filed on behalf of the petitioner enclosing copy of statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case with allegation of taking the informant’s brother for providing him some job, but he did not return. Submission is of false implication and the victim suo-motu returned and made his statement recorded under Section 164 of the Code of Criminal Procedure exonerating the petitioner and others from the charges levelled against them. On the other hand, while objecting the prayer, it is pointed out that case diary available is up to paragraph – 50 which do not contained such statement which appears to have been recorded subsequently. Having regard to the facts and circumstances of the case, subject to verification about the statement, as submitted, recorded under Section 164 of the Code of Criminal Procedure, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Patna High Court Cr.Misc. No.24722 of 2012 (3) dt.24-08-2012 2 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Pir Painty P.S. Case No. 242/2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 468

Statute Text:
Section 468 of the Indian Penal Code. Forgery for the purpose of cheating. Whoever commits forgery, intending that the document forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.