IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51222 of 2008 MD.KALU @ MD.NEYAZUDDIN Versus STATE OF BIHAR ----------- 2. 22.12.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 302, 201/34 of the Penal Code. The submission is that the assault on the deceased is against unknown. The petitioner has been named on suspicion only for eve teasing earlier. The court below does not refer to any material of the complicity of the petitioner except the suspicion in the F.I.R. even while it refers to several paragraph of the case diary. Co-accused has been granted anticipatory bail in Cr. Misc. No. 8237 of 2008. This Court finds substance in the submission on behalf of the petitioner that the case diary contains no material of his complicity as otherwise the court below would have made reference to the same in the order instead of rhetorical incantation of circumstances of his complicity. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail during the period of investigation till the submission of charge sheet on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like 2 amount each to the satisfaction of C.J.M., Purnea in Jalalgarh P.S. case No. 15 of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C. Let this order be placed before the District & Sessions Judge, Purnea. AKS/ (Navin Sinha, J.)