IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47750 of 2008 MD.QUDDUS ANSARI @ QUDDUS ANSARI, Son of Ghurahu Ansari, resident of Village- Mokari, P. S.- Bhabhua, District- Kaimur. -------Petitioner. Versus The State of Bihar………………………………Opposite Party. ----------- 4. 4.5.2009. None appears for the petitioner. Counsel for the informant has been heard. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the Penal Code. He is named in the First Information Report alongwith 11 others. Having investigated the case, the Investigating Officer submitted final form and petitioner was not sent up for trial but such submission of the final form was contrary to the instruction of the superior police official, so submitted counsel for the informant. Learned counsel for the informant was asked whether Investigating Officer has been proceeded against for his failure not to obey the instruction of the superior police official. Learned counsel candidly accepted that he is not aware about such fact. Petitioner has been summoned in this case on the basis of protest petition filed by the informant and he is apprehending his arrest. Let the petitioner surrender in the court below within four weeks from today and if it is found that the Investigating Officer submitted final form and petitioner was not sent up for trial then he (Md. Quddus Ansari @ Quddus Ansari) be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/-(Five Thousand) with - 2 - two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Bhabua P.S. Case No. 86 of 2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure. Let the order be communicated to the Chief Judicial Magistrate, Bhabua( Kaimur) in connection with Bhabua P.S. Case No. 86 of 2005 through fax on payment of usual charges by the petitioner. U.K. (V.N.Sinha,J)