IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37124 of 2011 Dinesh Shukla son of Rameshwar Shukla, R/o village- Sonbarsa, P.S.-Belaon, District-Kaimur (Bhabua) Versus The State of Bihar ----------- 2. 11.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance of the offence punishable under section 379 of the Indian Penal Code and section 27 of the Arms Act has been taken. It is submitted that the petitioner is being maliciously prosecuted. Prior to the institution of the present case, a co-accused Ram Sakhi Paswan had already instituted a complaint case being Complaint Case No.574 of 2009 in the court of Chief Judicial Magistrate, Bhabua regarding the occurrence which is said to have taken place on 20.5.2009. The petitioner is one of the named witness in the complaint instituted by a co- accused Ram Sakhi Paswan. The present complaint has subsequently been instituted on 2.7.2010. Taking into consideration the submissions, facts and circumstances of the case let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhabua at Kaimur in connection with Complaint Case No.851 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)