IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31037 of 2008 UMESH MAHTO @ UMESH KUMAR @ BAIJNATHIYA Versus THE STATE OF BIHAR ----------- 2/ 16/10/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 419, 420, 120B, 417, 467 and 468 of I.P.C. It is submitted that the co-accused Sheo Sagar Mahto is the own brother of Harischandra Mahto. Their lands were acquired under the Land Acquisition Act. Pass book was required to be deposited for disbursement of money. In the pass book furnished by Sheo Sagar Mahto in stead of photograph of Harischandra Mahto the photograph of Umesh Mahto was affixed when Sheo Sagar Mahto alleges that the acts were done by Deo Narayan Mahto who was given a power of attorney by him. It is submitted that in any event no illegal benefit accrued either to Sheo Sagar Mahto or Umesh Mahto and the lacuna was detected before the payment could be disbursed considering all of which Sheo Sagar Mahto himself has been enlarged on anticipatory bail in Cr.Misc. No.33011/07. Considering the grant of anticipatory to the co- - 2 - accused with whom the petitioner is alleged to have acted in collusion let the petitioner above named surrender before the court below within six 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 S.D.J.M., Samastipur in G.O. Case No.290 of 2006, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J )