IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24211 of 2011 Shambhu Mandal, Son of Bhagat Mandal, resident of Village-Pholkia Akoshi Tola, P.S.-Ghogha, District-Bhagalpur. ………….Petitioner. Versus The State of Bihar …….Opp. Party. ----------- 2. 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with a case registered for the offence under sections 384, 364 and 34 of the Indian Penal Code. In the F.I.R. altogether 18 persons including the petitioner have been named whereas 10-12 unknown persons are also alleged to have participated in the occurrence. It is alleged that the accused persons being variously armed with deadly weapons, ordered the informant and his companions who are fishermen to come near the bank of the river when they came at the bank of the river, the accused persons asked as to why they did not give Rs. 500/- and 25 Kg. rice per boat. Thereafter, the accused persons tried to take away the informant and others towards Bhajaiya Baihar, in the meantime, the accused persons fled away as they noticed that police personnel were coming on two boats. Learned counsel for the petitioner submits that the present case has been instituted with oblique motive due to dirty village politics. There is no specific allegation 2 against the petitioner. The allegations are general and omnibus in nature. No offence under Section 384 IPC and / or under Section 364 IPC would be attracted in the facts and circumstances of the case. It has also been submitted that petitioner has got no criminal antecedent, which fact should be verified by the court below. Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the aforesaid submission let the petitioner, namely, Shambhu Mandal in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Naugachia in connection with Gopalpur P.S. Case No. 152 of 2001 and the provisional bail so granted should be confirmed only after receipt of report regarding criminal antecedent of the petitioner. It is made clear that in case it is found that the petitioner is accused in any other case the provisional bail so granted shall immediately be cancelled. Sanjeet (Ashwani Kumar Singh, J.)