IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17745 of 2009 RAMAWATAR KHETAN Versus STATE OF BIHAR ----------- 02. 16.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 407, 409, 467, 468, 471 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is the transporter and three other cases have been filed by the C.B.I in which the petitioner was made an accused on the orders of the Jharkhand High Court. Learned counsel for the petitioner further states that with respect to the instant matter the C.B.I. refused to institute the case because this case did not belong to the batch of cases with regard to which the Jharkhand High Court had passed order for institution. Hence, the instant case has been filed by the police in the year 2008 for offences that is alleged lifting of bitumen, but not reaching the destination during the period 1991-95. Learned counsel for the petitioner also avers that other co- accused persons, namely the Director and the Assistant in the Purchase and Transport Section of the Road Construction Department had also filed a petition for anticipatory bail in this court bearing Cr.Misc.No.45839 of 2008 and Cr.Misc.No.37792 of 2008 which have been allowed by this court vide orders dated 24.11.2008 and 20.10.2008 (Annexures- 6 and 5). - 2 - Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely Ramawatar Khetan shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S.Case No.208 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)