IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10509 of 2009 RAJEEV KUMAR, Son of Shankar Prasad Choudhary, Resident of Village- Adarsh Nagar, P.S.- Sultanganj, District- Bhagalpur :----- Petitioner. Versus STATE OF BIHAR:----Opposite Party -with- Cr.Misc. No.14302 of 2009 GOVIND MANDAL, S/o- Late Modu Mandal, Resident of Village- Mirhatti, P.S.- Sultanganj, Dist- Bhagalpur :---- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- 03. 19.05.2009. Heard learned counsel for the petitioners and the State. Petitioner in the aforesaid two applications are apprehending their arrest in connection with a case registered for the offences under Sections 420, 467, 468, 471, 474, 475, 476 and 120B of the Penal Code which was lodged against Murlidhar Tanti and Vijay Kumar Choudhary and it is said that the First Information Report named accused along with their other accomplice were engaged in preparing false marks-sheet on computer. Petitioners are not named in the First Information Report but their houses were raided on the basis of the statement of the two named in the First Information Report and from their houses recoveries of incriminating articles including forged marks-sheet was made. Counsel for the petitioner Govind Mandal disputed such recovery from the house of Govind Mandal. I am not inclined to accept such submission as from the order of the learned Sessions Judge it is evident that recoveries were made from the house of both the petitioners. Counsel for the petitioner Govind Mandal then submitted that Govind Mandal is an old man aged about 90 years and he is feeble, sick and infirm and is - 2 - entitled to be released on bail in the light of Proviso to Sub-Section (1) of Section 437 of the Cr.P.C. Petitioners are not named in the First Information Report but have been implicated on the basis of the statement of those named in the First Information Report and recoveries were also made from their house. In the circumstances, I direct the petitioners, namely, Rajeev Kumar and Govind Mandal to surrender in the court below (C.J.M., Bhagalpur) within a period of four weeks from today and apply for regular bail in connection with Sultanganj P.S.Case No. 203 of 2008 which should be considered in the light of the evidence collected against them during investigation. The physical condition of Petitioner No.2. should also be considered alongwith his submission that nothing was recovered from his house. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)