IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35394 of 2009 Md. Fida Hussain, Son of Late Md. Ramjan Ali, Resident of Village + P.O. Simarahi, Police Station Raghopur, District Supaul. ------- Petitoiner Versus The State of Bihar -------- Opp. Party ----------- 3 17.11.2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces allegation for an offence under Section 466, 467, 468, 471 and 420 of the Indian Penal Code and it is said that though the settlement was made in the name of the father of the petitioner, the petitioner had got it deliberately forged in his name to claim such settlement for himself. Learned counsel for the petitioner would submit that every one has only gone to the extent of saying that the petitioner has forged the photocopy of the original settlement papers by putting his name by replacing his father’s name but, then none has been able to say why should the petitioner do this and for what gain. Learned counsel for the petitioner further submit that in any event, no loss has been caused to the Government on account of alleged forgery and nothing has been gained by the petitioner by 2 doing so. Considering the aforementioned facts and the petitioner for this allegation has also remained in custody for a period of over three months as also that he has got no criminal antecedent, this Court, without expressing any final opinion on the aforementioned submissions of the counsel for the petitioner, would only direct for release of the petitioner, namely, Md. Fida Hussain on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Birpur at Supaul in connection with Raghopur P.S. Case No. 41 of 2007, subject to the condition that one of the bailors would be close family member being either his wife or his mother or his son. It is, however, made clear that the petitioner must remain present in course of trial and his absence even for two consecutive dates during such trial shall entail the consequence of automatic cancellation of his present bail. Rsh (Mihir Kumar Jha, J.)