IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8581 of 2011 HAJI MD. SALAUDDIN HAIDER son of Sri Late Molvi Sujayat Ali Versus THE STATE OF BIHAR ----------- 2/ 04.05.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by order dated 19.08.2010 vide Cr. Misc. No. 22621 of 2010. The facts of the case are that a substantive case was instituted against the petitioner for the offence under section 307 Indian Penal Code and other allied sections and Arms Act. An order purported to have been passed in Cr. Misc. No.9025 of 2005 dated 03.03.2006 was produced before the court below by which further proceedings of the case was quashed. This was found to be a forged order and, therefore, an enquiry was done in the matter and the present case was instituted. Since the petitioner was a direct beneficiary of the benefit given by the forged order, he was also made an accused. It has been submitted that, in fact, an Advocate Clerk had filed an affidavit that he had made available certified copy of the purported order. Moreover, there is no material to suggest that the petitioner had indulged in the forgery or had orchestrated it. In view of such, considering that the petitioner is in custody since 04.06.2010, let the petitioner, above named, be released on bail after framing of charges on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of 2 the Chief Judicial Magistrate, Motihari, in connection with Motihari Town P.S. Case No.338 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor shall be the wife of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)