IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14414 of 2009 DHORIYA MIYAN @ DHORIYA @ AINUL @ DHORIYA MIAN @ MD. DHORIYA, SON OF MD. ALAM, RESIDENT OF MOHALLA – MAULANA CHAK, POLICE STATION – HABIBPUR IN THE DISTRICT OF BHAGALPUR Versus STATE OF BIHAR ----------- 2. 20.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 490, 420, 467, 387, 120B and 307/506/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner approached this court for bail which was rejected by order dated 05.12.2008. It is further submitted that the petitioner has been implicated in this case on the statement of the co- accused Haroon Miya who alleged that this petitioner alongwith brother-in-law of the co-accused Rana Miya used to assist in the extortion of money. However, the allegation has not been supported by the said co-accused Haroon Miya in his statement recorded under Section 164 Cr.P.C. as contained in Annexure-1. Besides the above, it is further submitted that the co-accused Makarrum Khan @ Mukarram who happens to be the brother-in-law of the accused Rana Miya and is alleged to use to assist like the petitioner has been allowed anticipatory bail by this court by order dated 15.01.2009 (Annexure-5). It is further submitted that the allegation against the said co-accused and this petitioner stands on similar footing. Learned counsel for the State is not in a position to refute the submission made on behalf of the petitioner. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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 Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 228 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Shailesh Kumar Sinha,J) Jagdish/-