IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6915 of 2009 UDAY UPADHYAY son of Surendra Upadhyay Resident of village Bhagwanpur,P.S.Pakribarawan,Distt.Nawada Versus STATE OF BIHAR With Cr.Misc. No.8336 of 2009 KAUSHAL KISHORE JHA son of Late Narmadeshwar Jha Resident of village Dumarbara, Bairgeniya,P.S.Bairgeniya,Distt.Sitamarhi Versus STATE OF BIHAR ----------- 3/ 21.7.2009 Both the above applications have been heard together and are being disposed of by this common order because they have arisen out of one occurrence. The petitioners seek bail in a case which has been registered for offences under Sections 420,467,468,471 and 120B of the Indian Penal Code. Submission is that the Section 471 of the Indian Penal Code is bailable and other offences are not made out. No body has prepared any forged certificate. The petitioner Uday Upadhyay is a named accused and another petitioner Kaushal Kishore Jha has been made accused on the basis of confessional statement of Uday Upadhyay. Some papers which are stated to be forged have been recovered from Kaushal Kishore Jha. No case of forgery is made out. The matter relates to affiliation of the college and no forged document has been used as genuine. So section 471 of the Indian Penal Code is not made out. No forgery for the purpose of cheating has been committed, so Section 468 of the Indian Penal Code is not made out. Valuable security has not been forged, so Section 467 of the Indian Penal Code - 2 - is not made out. The petitioner Uday Upadhyay is in custody since 16.11.2008 and another Petitioenr Kaushal Kishore Jha is in custody since 14.11.2008. Both of them are of fair antecedent. Considering the facts and circumstances of the case the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Nawada in connection with Pakribarawan P.S.Case No. 98 of 2008. Md.S. (Shyam Kishore Sharma,J.)