IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28953 of 2009 SRI BHAGWAN MISHRA @ BHAGWAN MISHRA, son of Late Mukhlesh Mishra, village Baghakol Tetaria, PS ara Mufassil, Dist. Bhojpur – Petitioner. Versus STATE OF BIHAR ----------- 2 5.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has moved this court for anticipatory bail for the second time in a case under section 302 of the Penal Code. His prayer for anticipatory bail was earlier rejected on 27.2.2008. The order reads as follows : “Perused the impugned order. It appears that the informant in her statement under section 164 Cr.P.C. has named this petitioner also. The police after investigation submitted charge sheet against this petitioner.” Learned counsel for the petitioner submits that the informant has also named Tribhuwan Paswan and one Bhim Yadav. Learned counsel refers to the order, dated 11.1.2007 passed in Cr.Misc. No. 56561/2006 whereby anticipatory bail has been granted to Bhim Yadav although he was named in the statement under section 164 Cr.P.C. and Tribhuwan Paswan has also been allowed anticipatory bail on 30.3.2007 in Cr.Misc.No. 9728/2007. It is submitted that both these persons were named in the statement under section 164 Cr.P.C. As far as this petitioner is concerned, it has been stated that he was present and has been described as the son of Kamla Devi, who was member of the Panchayat Samiti. Learned counsel further submits that this court under the mistaken believe that charge 2 sheet has been submitted against this petitioner, refused his prayer for anticipatory bail. To substantiate the fact that the petitioner has not been charge sheeted, learned counsel refers to the order, dated 11.12.2007 passed in A.B.P.No. 1174/2007 by the Sessions Judge, Muzaffarpur whereby it is specifically stated that charge sheet has been submitted against Ashok Kumar Gautam, Jitendra Paswan and Bhim Yadav. The petitioner is not named in the F.I.R. In the circumstances in order to maintain parity between the order of this court, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in connection with Bihiya P.S. Case No. 143 of 2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Ara, Bhojpur subject to the conditions laid down under section 438(2) Cr.P.C. till submission of charge sheet. haque (Sheema Ali Khan, J.)