IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26184 of 2009 PANKAJ MAHTO, son of Jawahar Mahto, resident of village-Daulatpur, P.S.-Sultanganj, District-Bhagalpur. …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 27.07.2009 Petitioner apprehends arrest in Bihpur(Jhandapur) P.S. Case No. 10 of 2004(G.R. No. 49 of 2004) instituted under Section 302/201 of the Indian Penal Code and Section 27 of the Arms Act. A dead body of a young person was found. From the papers from his pocket, he was identified as Kamdeo yadav, a driver of Deoghar. Enquiries led the police to Deoghar. During enquiry it was found that a Panda had arranged a taxi on hire for two persons who were Jajman. The Panda identified that two persons who were then arrested and they disclosed the name of persons to whom they had sold the vehicle and also named the persons who allegedly killed the driver. All those persons were arrested. It appears that one of the persons arrested had named one Pankaj also involved without giving any parentage. In course of investigation police identified that person as Pankaj Choudhary son of Bhola Choudhary and arrested him. After more than two months in custody, he was 2 released but ultimately no charge sheet was filed against him. In course of trial all persons sent up for trial where they acquitted by judgment and order dated 23rd of October, 2008 by the learned 3rd Additional Sessions Judge, Naugachia in Sessions Trial No. 525 of 2004 arising out of G.R.No. 49 of 2004. Once the Court acquitted these persons then police has now filed an application in the Court below in the same very case which stood concluded stating that it is Pankaj Mahto, son of Jawahar Mahto who has involved in this case. In the facts and circumstances stated above, let the petitioner namely Pankaj Mahto, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia in connection with Bihpur(Jhandapur) P.S. Case No. 10 of 2004 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)