Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22803 of 2012 ====================================================== Md. Azimuddin @ Azimuddin, Son of Late Aulad Hussain. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 07-09-2012 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 of year 1998. Submission is that at no point of time any summon, warrant or process was executed and he was unaware of the proceeding. On the other hand on the basis of paragraph – 119 of the case diary dated 02nd July, 2002, it is pointed out that process of attachment was executed. No doubt, copy of execution report is not available with the case diary giving room to submit that there is no execution report. Having regard to the facts and circumstances of the case, specially, the huge delay, for the present, prayer for regular bail of the above named petitioner, in connection with Abadpur P.S. Case No. 44 of 1998, pending in the court of learned Judicial Magistrate, 1st Class, Katihar, is hereby, refused. However, if at all, there is no execution report of any Patna High Court Cr.Misc. No.22803 of 2012 (4) dt.07-09-2012 2 process said to be executed against the petitioner, the court below may consider the prayer of the petitioner afresh and pass reasonable order without being prejudiced of instant refusal. As prayed for, let this order be communicated to the court below through FAX at the cost of the petitioner. Praveen-II/- (Akhilesh Chandra, J)

Applicable IPC Section: 465

Statute Text:
Section 465 of the Indian Penal Code. Forgery. Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.