IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33633 of 2008 VIRENDRA PRASAD GUPTA Versus STATE OF BIHAR ----------- 2. 3.9.2008 Heard. The allegation against the petitioner is that inspite of being born on a particular date of the year 1940, the petitioner obtained an affidavit from his mother that he was born on the same date in the year 1944 and accordingly entry was made in the service book of the later date as per the affidavit. The petitioner who was initially appointed as a constable, rose to retire as Assistant Sub Inspector in the Wireless Department , Biharsharif. After his retirement the petitioner is facing the prosecution. The contention is that it is not a case of forging affidavit, the affidavit was definitely sworn by the mother of the petitioner and what is alleged is that the fact stated therein was false. It is contended, as such, that it could not be a case of forging a record or being in possession of that forged record rather it could at best be a case of cheating which is bailable. Let petitioner named above, under the above facts and circumstances of the case, be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Gardanibagh P.S. case no.606 of 2004. Sudip ( Dharnidhar Jha,J )