IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40713 of 2009 BACHU MISHRA, SON OF LATE RAM KHELAWAN MISHRA, RESIDENT OF VILLAGE-KHIRHAR, P.S. KHIRHAR, DISTRICT-MADHUBANI. -PETITIONER Versus THE STATE OF BIHAR.. –OPP.PARTY _____ For the Petitioner : Mr. Murari Narain Choubey & Vijay Kumar For the State : Mr. Rajendra Singh Shashi, APP. 3 10.03.2010 Heard learned counsel for the petitioner and learned additional Public Prosecutor, appearing for the State. Petitioner seeks bail in a case registered under sections 419, 420, 467, 468, 471, 472 and 120(B) /34 of the Indian Penal Code. As per allegation set up in the first information report there has been huge recovery of fake certificates from the house of one Devan Lal wherein the petitioner was residing as a tenant. Allegedly recovery was from the premises which was in possession of the petitioner. Learned counsel for the petitioner submitted that even if the allegation, as set up in the first information report, is accepted as correct, the ingredients of Sections 420, 467 and 468 of the Indian Penal Code are not made out. None of 2 the beneficiaries have been examined during the course of investigation. The statement of house owner was also not recorded. Petitioner is said to be aged about 78 years and is said to be in custody since 27.8.2009. Considering the facts and circumstances of the case, I direct the petitioner to be released on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in Pupri P.S. Case no. 161 of 2009 ;G.R. no.463 of 2009. One of the bailers must be his close relative/family member of the petitioner who shall file affidavit giving full genealogy to show his/her relationship with the petitioner. If the petitioner, after his release in this case, is again found to be involved in criminal case of similar nature, the concerned court would be at liberty to take steps for cancellation of his bail bond. (Dr. Ravi Ranjan, J.) AAhmad