IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13064 of 2009 Santosh Kumar, son of Sri Rambriksha Singh, resident of village Arki, P.O. Arki, P.S. Belaganj, District Gaya Versus STATE OF BIHAR ----------- 02/ 28.08.2009 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 386 and other allied Sections of the Indian Penal Code and is said to have been named in the First Information Report as Santosh Kahar. It is submitted on behalf of the petitioner that he is not Santosh Kahar rather he is Santosh Kumar and is being chased by the police under mistaken identity of Santosh Kahar. Let the petitioner above named surrender in the court below within four weeks from the date of receipt of this order in the court below and establish before the court below that he is Santosh Kumar and not Santosh Kahar, whereafter the court below should record a finding whether petitioner is Santosh Kumar or Santosh Kahar and if the court below is satisfied that petitioner is Santosh Kumar and not Santosh Kahar, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 23 of 2007, subject to the conditions as laid down under 2 Section 438(2) Cr.P.C. and until such finding is recorded or contrary conclusion is reached by the court below, no coercive steps be taken against the petitioner, but the findings in this regard must be recorded within two months from the date of receipt of this order. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)