IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49767 of 2008 BHARAT MANDAL Versus STATE OF BIHAR ----------- 3 13.04.2009 Heard counsel for the petitioner and counsel for the state. The petitioner seeks anticipatory bail in a case instituted under sections 302/34 of Indian Penal Code. As per F.I.R., a suspicion has been raised against the petitioner that he might have hand in commission of the present occurrence. Referring to Annexure-2, it has been submitted that the police did not find any material against the petitioner and as such vide charge sheet no. 71/2008 dated 31.5.2008, the petitioner was not sent up for trial although some other accused persons were sent up for trial. Counsel for the state submits that there is some motive on the part of the petitioner to commit this offence which has been spelt out in the F.I.R. itself. Having regard to the facts appearing on record, this Court is inclined to admit the petitioner to anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioner above named is directed to 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 C.J.M., Munger in connection with Kasim Bazar 2 P.S. case no. 38/2008 subject to the condition as laid down under section 438(2) of Code of Criminal Procedure. pkj ( Kishore K. Mandal, J. )