IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21662 of 2011 Md. Faiyaz @ Faiyaz Akhtar, Son of Late Md. Jamal Akhtar @ Jamalluddin, resident of Village Mastanganj, P.S. Akbarpur, District Nawada. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------ 03/- 23.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 420/465/468/120(B)/34 of the Indian Penal Code read with Section 12(2) (3) of Passport Act, is one of the named accused in this case with allegation of supporting identity of co-accused Md. Salim during police investigation on his preparation of a Passport, and subsequently, his identity was found fake. Submission is that at no point of time petitioner was ever contacted or had any opportunity to identify the co-accused. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph nos. 96 dated 23/12/2010 could not be able to show that at any point of time, the file/papers relating to preparation of Passport ect. wherein police verification was made was ever inspected, though, it is submitted, that investigation is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Akbarpur P.S. Case No. 96 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)