IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44950 of 2009 JAGARNATH SINGH @ JAGARNATH MAHTO Versus STATE OF BIHAR ----------- 04 02.11.2010 Heard learned for the petitioner as well as learned P.P. for the State. Petitioner, Jagarnath Singh @ Jagarnath Mahto apprehends his arrest in connection with Muffasil P.S. Case No. 157 of 2005 registered under Sections 147, 148,149, 323, 354, 504 and 364 of the Indian Penal Code. Allegedly, F.I.R. named accused persons went at the house of informant and assaulted his son and thereafter informant’s son was taken away by the F.I.R. named accused persons. After ten months of the aforesaid occurrence, the victim boy returned and his statement under Section 164 of the Cr.P.C. was recorded. In the aforesaid statement, the victim boy vividly stated the story of his kidnapping and in that course he stated that petitioner along with other accused used to keep vigil by making him captive. It appears from the case diary as well as impugned order of the learned Sessions Judge that petitioner has neither been charge sheeted nor any process was obtained by the Investigating Officer for his arrest. The contention of learned counsel for the petitioner is that the concerned police is harassing by making raids at his house. So petitioner apprehends his arrest at the hands of police in the above stated false case. Since neither petitioner has been charge sheeted nor any process has been issued against the petitioner, this anticipatory bail petition stands disposed of with direction to the learned court below that if petitioner is produced before the learned court below by the police for remand without obtaining any process from the concerned court then in that event, the petitioner shall be released on bail in Muffasil P.S. Case No. 157 of 2005 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger subject to condition as laid down under Section 438(2) of the Cr.P.C. Shahzad ( Hemant Kumar Srivastava, J.)