IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6320 of 2011 CHANDESHWARI YADAV SON OF SARYUG YADAV. ---------------- PETITIONER Versus THE STATE OF BIHAR ----------- 2 28.03.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was named in the F.I.R., with the accusation of catching hold the informant. It appears that after investigation, the petitioner was not sent up for trial and subsequently, in exercise of power under Section 319 of the Cr.P.C, the petitioner has been summoned. It is submitted on behalf of the informant that there is specific accusation against the petitioner in the F.I.R. It is surprising that the impugned order does not deal with any evidence which persuaded the learned trial court to summon the petitioner under Section 319 of the Cr.P.C. 2 Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, 1st Class, Madhepura in connection with Session Trial No. 211A/07 arising out of Kumarkhand P.S. Case No. 75/2006, subject to the conditions as laid down under Section 438(2) Cr.P.C. Learned court below will be at liberty to cancel the bail of the petitioner, if the petitioner defaults for three consecutive occasions during trial. Amrendra/- (Dinesh Kumar Singh, J.)