LALAN KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India the petitioner seeks quashing of his prosecution in Pindrajore P.S. Case No. 81 of 1993 in which cognizance has been taken against him and others for offences under Sections 465, 466, 468, 471, 474 and 476 read with Section 120-B, Indian Penal Code. The facts of the case so far as relevant for the purpose of this application are as follows:

(2.) One Sanjay Kumar Singh figures as an accused in B.S. City P.S. Case No. 205/93 under Sections 394, 397 and 411 of the Penal Code. His prayer for bail was rejected by the Chief Judicial Magistrate, Chas and, in course of time, by the Additional Sessions Judge, Chas as well as by this Court on 31.3.1993. On 22.7.1993 one Bir Bahadur Singh, advocate practicing at Chas, filed an application to the effect that Sanjay Kumar Singh has been granted bail by the High Court in Criminal Misc. No. 2706 of 1993 (R). Along with the application certified copy of the order dated 9.6.1993 allegedly passed in Cr. Misc. No. 2706 of 1993 (R) was also filed. An affidavit sworn by Bir Bhadur Singh himself to that effect was also filed. In that affidavit he was identified by one H.P. Singh, another advocate practicing at Chas. The petitioner who too is an advocate praactising at Chas also filed an application along with affidavit sworn by himself to the above effect on 26.6.1993 stating further that he had brought the certified copy of the bail order from the Ranchi Bench of this Court. In that affidavit he was identified by one S.N. Roy, another advocate of Chas. He also filed bail bond on behalf of Dular Chand Chaudhary and Chandradeo Singh. The 'bailors' were identified by the petitioner himself. The bail bond, in the circumstances, was accepted and Sanjay Kumar Singh was released.

(3.) The Chief Judicial Magistrate, later on 3.11.1993 enquired from the Joint Registrar, Ranchi Bench of this Court regarding the genuineness of the certified -copy of the bail order when he learnt about the detection of certain forged and fabricated bail orders at Dhanbad. The Joint Registrar by letter dated 23.11.1993 informed the C.J.M. that no such order with respect to Sanjay Kumar Singh had been passed in Cr. Misc. No. 2706 of 1993 (R) which related to the Buddhu Munda, an accused in Khutni P.S. Case No. 150/93 and no connection with B.S. City P.S. Case No. 205/92. On the basis of the said letter the C.J.M. concluded that the certified copy on the basis of which Sanjay Kumar Singh had been released on bail was a forged and fabricated document. He held preliminary enquiry in course of which the said H.P. Singh and S.N. Roy stated that they had, respectively identified the signatures of Bir Bahadur Singh and the petitioner at their request and they had nothing to do in the matter. In the said enquiry Bir Bahadur Singh also filed a petition that it was the petitioner who had delivered the certified copy of the 'bail order' and asked him to furnish bail bond as he was not expected to be present in court on 22.7.1993 (when Bir Bahadur Singh filed the application and the affidavit).