IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27072 of 2011 Birendra Rai Versus Sushil Singh & Anr. ---------------------------------- 5. 23.09.2011 Heard learned counsel appearing for the petitioner. Although the name of Shri D.K. Chaurasia, learned Additional Public Prosecutor appears in daily cause list but today he has not appeared before this Court in course of hearing of this petition. This petition has been filed for cancellation of bail granted by this Court in Cr. Misc. No. 19040 of 2011 vide order dated 18.07.2011 to Opposite Party No.1, Sushil Singh. It would appear from the record that vide order dated 16.8.2011, notice was sent to Opposite Party No.1 but notice was returned unserved, though, the father of the Opposite Party No.1 refused to accept the aforesaid notice. It is pointed out by learned counsel for the petitioner that in Cr. Misc. No. 19040 of 2011, not only forged F.I.R. but also the forged impugned order was placed before this Court at the time of consideration of the aforesaid Cr. Misc. No. 19040 of 2011. It has further pointed out by him that earlier the prayer for bail of Opposite Party No.1 was twice rejected by this Court. The aforesaid fact was also suppressed and the fact of 2 rejection of bail of the Opposite Party No.1 was also not pointed out by office of this Court. The record of Cr. Misc. No. 19040 of 2011 is available before me. It would appear from the perusal of the materials available on record, particularly Annexure-3 series that earlier prayer for bail of this petitioner was twice rejected vide order dated18.09.2011 passed in Cr. Misc. No. 16344 of 2010 and order dated 30.03.2011 passed in Cr. Misc. No. 40807 of 2010. The aforesaid fact has not been pleaded by O.P. No.2 in Cr. Misc. No. 19040 of 2011 and further more the office also not pointed out the aforesaid fact when the above stated Cr. Misc. No. 19040 of 2011 was filed. Further more, I find that forged F.I.R. of Hajipur (T) P.S. Case No.517 of 2007 as well as forged impugned order dated 20.4.2010 passed by leaned Sessions Judge, Vaishali at Hajipur were filed in the aforesaid Cr.Misc. No. 19040 of 2011. In forged F.I.R. of (Town) P.S. No. 517 of 2007 it has been shown that petitioner was only a member of unlawful assembly whereas in genuine F.I.R. of Hajipur Town P.S. Case No. 517 of 2011 it has been shown that the petitioner was one of the assailants. The above facts reveal that Opposite Party No.1 snatched the order of this Court on the basis of forged documents and, therefore, it requires due investigation against those persons who are involved in 3 the above stated episode. Accordingly, the Registrar General of this Court is directed to lodge an F.I.R. against those persons who appears to be involved in the above stated episode. Further more the bail granted to O.P. No.1 namely, Sushil Singh, son of Lalan Singh, resident of village-Rambhadra P.S. Hajipur Town, District-Vaishali in Hajipur P.S. Case No. 517 of 2007 vide order dated 18.07.2011 passed in Cr. Misc. No. 19040 of 2011 is hereby cancelled. The learned trial court is hereby directed to take all possible steps to procure the attendance of Opposite Party No.1 by issuing all processes including warrant of arrest as well as processes under Section 82 and 83 of the Code of Criminal Procedure. Further more let a copy of this order be sent to D.G.P., Bihar, Patna as well as S.P., Vaishali at Hajipur for ensuring the arrest of Opposite Party No.1 Accordingly, this petition stands disposed of. The record of Cr. Misc. No. 19040 of 2011 shall be kept by the Registrar General in sealed cover for investigation of the above stated episode and he may open the seal, if it is required. Ravi/- (Hemant Kumar Srivastava, J.)