IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35516 of 2010 MANI BHUSHAN KUMAR @ MANI BHUSHAN SINGH Versus STATE OF BIHAR ----------- 2 16.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Learned counsel for the petitioner seeks permission to correct the P.S. Case No. in paragraph-1 as well as prayer portion of the bail petition. Prayer is allowed. Counsel for the petitioner is permitted to correct P.S. Case No. in course of the day. Originally, the informant filed complaint case which was converted into Adapur P.S. Case No. 20 of 1994. The police investigated the aforesaid case and submitted final form in respect of the petitioner and some other co- accused persons whereas charge sheet was submitted against rest accused persons. Learned Chief Judicial Magistrate differed with the findings of the police, took cognizance against the petitioner also and ordered to issue notice against him as well as other accused persons. The contention of Learned counsel for the petitioner is that as a matter of fact, neither any summons nor any process was ever served upon the petitioner and when he got the knowledge of the aforesaid case, he 2 preferred anticipatory bail petition before the learned Sessions Judge which was rejected. He further submitted that as a matter of fact, the informant of this case was accused in connection with murder of petitioner’s father and that is why, in retaliation, he lodged the instant case. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, Mani Bhushan Kumar @ Mani Bhushan Singh shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Adapur P.S. Case No. 20 of 1994 to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)