IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37103 of 2008 DAROGA RAI Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Braj Ballabh Kumar For the Opp.Party : Mr. G. Pd. Gupta,APP ----------- 2. 30.9.2008 Heard. This case was initiated on complaint and the offences are under sections 147 and 379 of the Indian Penal Code. The allegation relates to cutting of crops from the field, which according to the complainant, belonged to him. The petitioner also claimed the land. What appears from the rejection order that is on being summoned a report was furnished by the process server of the court that the accused had died. However, the learned Magistrate persevered with the matter and issued processes, etc. under sections 82/83 of the Code of Criminal Procedure not acting upon the above report of the process server. The petitioner was arrested on 27.5.2008 and thereafter his prayer was dismissed by the learned Judge being influenced more by the wrong report than the merit in the allegation. I could have advised the learned Judge to consider whether it could be a fit case for initiating a departmental proceeding against the process server who was making a wrong report and the learned Judge could also consider as to whether it could amount to forging false judicial record ( summons and service report are judicial records) and file a complaint accordingly against the concerned persons and the process server also. The Court shall be interested in knowing as to what steps learned Judge has initiated as per the above observation. As regards prayer for bail, considering bonafide land dispute, let petitioner, namely, Daroga Rai be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Jehanabad, in Complaint Case no.40 of 2002 (Tr. No.2142 of 2008). sudip ( Dharnidhar Jha,J )