IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43818 of 2008 RAMPRAVESH YADAV Versus THE STATE OF BIHAR ----------- 2. 24.11.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 395 of the Penal Code. The submission is that there has been no recovery from the petitioner who is a scrap dealer and neither has he been named in the FIR but his name has transpired during investigation. The pleadings in the bail application are in adequate. The impugned order of rejection suggests recovery from him. In that view of the matter, let the petitioner, above named, surrender in the court below within a period of four weeks from today. On the date that the petitioner furnishes his bail bonds the court below shall re-ascertain from the records the factum of any recovery from him. The petitioner shall be required to be physically present on the date that he furnishes his bail bonds or any subsequent date that the court may fix in the matter. If the record reflects recovery from him the petitioner shall be taken into custody. In the absence of the same the court below shall proceed to enlarge him on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria in Khagaria Rail PS Case No. 58 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. .The application stands allowed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)