IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21986 of 2009 DEO KUMAR YADAV Versus THE STATE OF BIHAR ----------- 2/ 24/6/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 406, 409 and 120B of I.P.C. It is submitted that he is not a named accused. In the night of 28/29.4.2006 he was not at Madhubani, but he was at Patna on duty as the driver of the Postal Superintendent of the Post Office at Madhubani where the occurrence took place. He is stated to have disappeared from his duty after returning to Madhubani on 29.4.2006 night. The earlier order of cognizance was set aside by this Court in Cr. Misc. No.25621/07. The fresh order of cognizance dated 4.12.2008 only proceeds on the premise that he was admittedly on friendly terms with some of the security constables of the post office who have been made accused and the character of the petitioner is not good. Shri Thakur submits that if the petitioner did not have a good character his employer should have stopped utilising his services as a as a driver. Having considered the facts and 2 circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Madhubani Town P.S. Case No.141/06, subject to the conditions laid down under Section- 438(2) Cr.P.C. KC ( Navin Sinha, J.)