IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23132 of 2009 SHEOJI SAH, son of Ram Dular Sah, resident of village- Teghara(Behea Chaurasta) P.S.-Behea, Distt.-Bhojpur, Ara-------------- -------------------------------------------------------------Petitioner. Versus STATE OF BIHAR . --------------- 3 9.11.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that petitioner is not named in the F.I.R. though involvement of the Tata 407 vehicle’s driver has been attributed for committing murder but petitioner’s name appeared at the end of investigation. From further perusal of the allegation I find that assault, if any, was made only after making hue and cry of “ Chor Chor ” either for the difference of fair of the vehicle or really it was a case of attempt to commit theft as witnesses in paragraphs 31 and others including owners of the goods have stated about causing of assault by irritated mob while an attempt was being made for theft. There is further specification that at that time driver of the vehicle was engaged in replacing the damaged wheel. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in connection with Behea P.S. case no.40 of 2007 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. sudip ( Mandhata Singh, J )