IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52134 of 2008 KRISHNA KUMAR SAH, son of Late Braj Kishore Sah @ Vaju Kishore Prasad, village Chaunra, PS Bisfi, district Madhubani.. Petitioner. Versus STATE OF BIHAR 2 5.2.2009 Heard learned counsel for the petitioner, the informant and the State. The petitioner is an accused in a case under sections 420, 467, 468, 471 and 120B of the Penal Code. The petitioner of the present case has instituted a case against one Subodh Sah alleging that he had been assaulted and for that purpose obtained medical certificate / injury report from one Dr. Santosh Kumar. The present case has been instituted alleging that Dr. Santosh Kumar is not a medical practioner recognized by the Indian Medical Council or by the Civil Surgeon. It is alleged that this petitioner after obtaining a false and forged injury report has lodged a case against the informant. Learned counsel for the petitioner submits that Dr. Santosh kumar is quack which is yet to be proved and the injury report is subject matter of consideration in Bisfi PS Case No. 40/2006. It is further submitted that if court finds that injury report is forged and has been obtained from a doctor not duly qualified to give such a certificate or injury report, then the court will take appropriate action both against the person who has produced the report and against the doctor concerned. Counsel for the informant, on the other hand, submits 2 that the petitioner being the beneficiary of such a forged report and using the same to institute a case and putting the informant of the present case behind the bar should not be granted the privilege of anticipatory bail. The offence as made out in the F.I.R. is serious if it is proved to be true but since it is still a subject matter to be decided by the court below, I think that as far as the petitioner is concerned, it will be proper to grant him the privilege of anticipatory bail. Accordingly, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Bisfi PS Case No. 98/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)