IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18829 of 2009 MOHAN MAHTO S/o Nande Lal Prasad @ Nande Mahto resident of village Govindpur P.S. Sarmera Dist. Nalanda Versus Petitioner STATE OF BIHAR ----------- 2 27.05.2009 Heard learned counsel for the parties. The petitioner apprehends arrest in Sarmera P.S. Case no.14 of 2008 registered under various sections of the Arms Act. It is alleged that in the first information report that the police patrolling party on getting information that accused persons of Sarmera P.S. Case no. 74 of 2001 registered under section 302 IPC and Arms Act were sitting with their arms in the Dalan of the petitioner. It is stated that the petitioner escaped but left behind country made pistol loaded with live cartridge. On behalf of the petitioner it is submitted that the petitioner has been falsely implicated in Sarmera P.S. Case no.74 of 2001 for the offence under section 302 IPC. He has recently been acquitted by full- fledged trial by judgment and order dated 11.11.2005 which has not gone well with the police and, therefore, they have concocted the present incident. In the events of arrest or surrender before the court below within four weeks from today, the petitioner Mohan Mahto shall be released on bail on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Sarmera P.S. Case no.14 of 2008 subject to the condition as laid down under section - 2 - 438(2) of the Code of Criminal Procedure. shahid (Navaniti Prasad Singh , J)