IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25024 of 2008 RAMA SHANKER PANDEY Versus THE STATE OF BIHAR ----------- 2 2.7.2008 The petitioner is a Government Servant and posted as a Revenue Kramchari at Bagha. He had earlier moved for bail in anticipation of the bail before this Court which was rejected by order dated 14.7.2006 in Cr. Misc. No. 25867 of 2006. This is a second application for anticipatory bail which is clearly not entertained by Sri Rama Kant, learned Senior Counsel appearing on behalf of the petitioner submitted that on the earlier occasion it was not brought to the notice of this Court that on investigation Police had submitted final form against the petitioner and the Magistrate had deferred and it is because of that the petitioner apprehends arrest. Only it was urged that witnesses in course of investigation had not supported the prosecution case. It is further submitted that the F.I.R. itself would indicate that even so far as petitioner was concerned. it is not stated that petitioner had any dispute with the informant and there was no mark injury of a Gun shot wound. Lastly it is submitted that due to petty rivalry the case had been instituted because the petitioner is a Government Servant and the same he is surrenders it will lead to his suspension and other adverse consequence to his service. Considering the fact that on investigation Police had not charge-sheeted the petitioner rather found that he was falsely implicated and the petitioner having an ali bi as also that the informant has filed application in the Trial Court that they have short out their - 2 - differences with the accused persons as in except to the general. In the event, petitioner namely, Rama Shankar Pandey, surrendering in the court below within four weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.C. Malviya, J.M. Ist Class, Bettiah, West Champaran in connection with Bettiah Mofassil P.S. Case No. 246 of 2004 subject to the conditions as laid down under Section 438 (2) Cr.P.C. P.K. (Navaniti Prasad Singh,J.)