IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14291 of 2010 BHUSAN SINGH, son of Late Siddhi Singh, resident of New Area Maharajganj Road, P.S.-Aurangabad (T), District-Aurangabad. .. .. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :M/s Krishna Singh,Senior Advocate and Rakesh Singh,Advocate For the State :Mr. Ajay Mishra,Add. P.P. ------------ 02/ 21-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 353, 224, 225/34 of the Indian Penal Code, one Mohan Kumar Singh, son of the petitioner, was allegedly apprehended by the police in connection with another criminal case instituted for the offence under Section 307 and other allied offences of the Penal Code. The aforesaid arrested Mohan Singh along with the police personnel were coming in the car of accused Mohan Kumar Singh itself and when they arrived near the house of the petitioner, then it is alleged that petitioner and his another son Nidhi Om Kumar Singh @ Monu Kumar Singh allegedly succeeded in freeing the aforesaid Mohan Kumar Singh. Thereafter, co-accused Nidhi Om Kumar @ Monu Kumar Singh was allegedly arrested by the police in the present case, but the petitioner succeeded in fleeing away. Learned counsel for the petitioner submits that the offence under Section 224 I.P.C. is bailable one and in the facts of the case offence under Section 353 I.P.C. appears to be non- applicable and hardly an offence under Section 225 I.P.C. would 2 be applicable against the petitioner. It is further submitted that the petitioner is an old man, aged about 60 years and since his another son, co-accused Nidhi Om Kumar @ Monu Kumar Singh, was arrested by the police illegally in order to put pressure upon elder brother, Mohan Singh, to surrender in another case and since petitioner protested about the illegal acts of the police, therefore, the present case has been lodged with baseless and false allegation against the petitioner. The petitioner is stated to be a man of fair antecedent. In the facts of the case and particularly in view of the old age of the petitioner, in the event of arrest/surrender within a period of four weeks from today in Aurangabad (T) P.S.Case No.455/2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)