SHAMBHU NATH SINGHS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for bail filed on behalf of the petitioner, who is an accused for offences under Ss. 419, 420, 466, 467, 468, 471, 472 and 120-B of the Penal Code (hereinafter referred to as the Penal Code). The case, aforesaid, was registered by police on an information lodged by Shri Mahendra Prasad Singh, Judicial Magistrate, Ist Class, Hajipur.

(2.) According to the allegation made in the first information report, a case under S.302 of the Penal Code along with Ss. 25-A and 26 of the Arms Act had been registered by Bidupur Police Station against one Suresh Singh and others. The prayer for bail made on behalf of Suresh Singh was rejected even by the High Court. After the rejection of the prayer for bail by the High Court, on 9-2-1985, a certified copy of the order purported to have been passed by the Supreme Court in Cr. Misc. Petition 213 of 1985 was filed on behalf of aforesaid Suresh Singh in the Court of the Judicial Magistrate, Hajipur, directing the release of said Suresh Singh. On the basis of that order, Suresh Singh was released on bail. Later it transpired that the order purported to have been passed by the Supreme Court was a forged order. Thereafter the present case in question was lodged by the Judicial Magistrate for offences mentioned above.

(3.) During investigation of the aforesaid case, the petitioner was taken in custody on 6-9-1985 and was produced before the Magistrate the same day who remanded him to judicial custody. The police report was submitted to the Chief Judicial Magistrate, Hajipur, on 29-11-1985 against the petitioner and others. After the submission of the charge-sheet, the case has been taken over by the C.B.I. and further investigation is proceeding.