IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9974 of 2009 MAHENDRA NARAYAN MAHTO, SON OF LATE NOKHE MAHTO, R/V PUSHO, P.S. BITHAN, DISTRICT SAMASTIPUR---------PETITIONER. Versus THE STATE OF BIHAR-------OPP. PARTY. ----------- 02. 10.06.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Penal Code. He is named in the First Information Report along with three others. It is submitted on his behalf that he is not connected with the other co-accused but has been implicated in this case as he is an Advocate Clerk and generally makes pairvi on behalf of other co- accused. Appreciating such fact the Investigating Agency did not recommend the petitioner for trial as would appear from the final form dated 28.5.2009. It is also submitted that after receipt of the final form prosecution party has filed protest petition and on account of filing of the protest petition petitioner is apprehending his arrest. Let the petitioner Mahendra Narayan Mahto surrender in the court below within four weeks from today and if it is true that he has not been recommended for trial then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Rosera, Samastipur in connection with Bithan P.S. Case No. 46 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Rajesh/ (V.N.Sinha,J.) - 2 -