IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48076 of 2008 LAL MOHAMMAD, son of Md. Mohbat Hussain, resident of Village Shyamalvita, P.S. Thakurganj, District - Katihar Versus STATE OF BIHAR ----------- 2/ 11.02.2009 Heard. As may appear from the FIR, the informant alleged being deprived of Rs.35000/- by three miscreants who had stopped him. There is no mention in the FIR that the motorcycle of the informant was also taken away which is further clarified by the column no. 9 of the FIR relating to the description of the stolen properties which also does not contain any mention of the motorcycle of the informant being taken away. The seizure memo also does not indicate that the motorcycle which was recovered from the petitioner, belonged to the present informant. However, the learned Additional Sessions Judge, Kishanganj has made a record that the stolen motorcycle of the informant was recovered from the possession of the petitioner. If a fact is recorded only because denying a legitimate relief, an officer who may not be dishonest but could not be said to be acting honestly. A few days before, I had accepted the explanation of the officer which was sought from him on passing such illogical and unfounded order. The officer does not deserve to be a Judge in the rank he is presently holding. This could be very unfortunate that the Judge was going out of the record to make a record of the fact which was non existent. Let the petitioner above named be released on bail on - 2 - furnishing personal recognition bond of Rs.500/ (five hundred) to the satisfaction of C.J.M. Kishanganj in Thakurganj P.S. Case no. 81 of 2008. Let copy of this order be communicated to the Additional Sessions Judge, Kishanganj who has passed order in B.P. (K) No. 3301 of 2008 on 18.9.2008. Anil/ (Dharnidhar Jha, J.)