IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23606 of 2008 NASIR HUSSAIN Versus STATE OF BIHAR ----------- 5. 10.11.2008 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The allegation against the petitioner is that by furnishing forged and fabricated certificate of the ownership of land, he obtained a loan of Rs.1,75,000/- on 8.8.2002. The petitioner dilly- dallied in making payment which resulted into an enquiry conducted by the Bank Manager on the correctness of the certificate and the same was found forged and fabricated. Thereafter the complaint petition was lodged which was sent to the police station under section 156(3) of the Code of Criminal Procedure. The contention is that the Bank has initiated a certificate proceeding for recovering the outstanding dues from the petitioner and the petitioner is languishing in prison and, as such, he faced the prospect of getting his immovable property attached and sold and thereafter initiation of the certificate proceeding against him. Might be that proceeding could be terminated as per the submission and for that the petitioner could not be directed to be released on bail in the light of the fact which indicates as to what could be the propensity and intent of the offence. In that view, I am not inclined to direct release of the petitioner on bail. If the petitioner pays up the balance money in - 2 - five equal instalments which should include the cost which might have been incurred by the Bank in initiating the certificate proceeding then the court below should consider releasing the petitioner provisionally and in case of failure in paying up the instalments regularly, the court could be recalling its order accepting the bond so as to taking steps for committing the petitioner to custody. Let this order be sent through fax if the cost thereof is disposited by the petitioner. sudip ( Dharnidhar Jha,J )