IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38687 of 2009 MANJAY LAL BHAGAT, S/O Late Bishwanath Bhagat, resident of Village-Mansurpur, Police Station- & District- Vaishali -------------- Petitioner Versus THE STATE OF BIHAR ----------- 2 03-12-2009 Heard learned counsel for the petitioner and the State. The allegations are under Section 436 and lesser provisions of the Penal Code. The defence is of a property dispute. The impugned records that the witnesses had talked about the application of Section 436 of the Indian Penal Code. The impugned order does not consider any material from the case diary recorded by the Investigating Officer after visiting the place of occurrence with regard to Section 436 of the Indian Penal Code. The application for anticipatory bail is remanded to the court of Sessions Judge, Vaishali at Hajipur in context of Vaishali P.S. Case No.133 of 2009 to pass afresh appropriate orders in light of the aforesaid within a maximum period of two weeks from the date of receipt of a - 2 - copy of the present order to be communicated by this Court. It is expected that the petitioner shall be adequately vigilant of his interest when the matter is re-heard before the Sessions Judge. In the meantime, no coercive steps be taken against the petitioner till the disposal of the matter afresh by the court below. NKS/- ( Navin Sinha, J)