IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34526 of 2011 Manish Kumar Versus The State Of Bihar 2. 14.10.2011. Heard the learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 393 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The case of the informant is that on firing, villagers reached when the elder brother of petitioner was found in injured condition and while taking to hospital when victim disclosed that four persons including the petitioner was there to assault the victim. It is submitted by learned counsel for petitioner that only one injury was found during post mortem of the victim and injury of the said victim was not in state to make statement. Moreover, there is no eye witness to the actual assault. After investigation, the police found the accusation false against petitioner and submitted final form whereas other were charge sheeted but differing with the same 2 the cognizance has been taken in the matter. Considering the fact that accusation was found false by the police, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Hilsa P.S. Case No. 227 of 2009 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Hilsa (Nalanda) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Learned court below will be at liberty to cancel the bail of the petitioner if the petitioner defaults for three consecutive occasions during trial. U. K. ( Dinesh Kumar Singh, J)