IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28752 of 2009 BALESHWAR BIND Son of Kishori Bind, resident of Village- Bichhi Chanchar, P.S. Sangrampur (Tetiya Bumber) District- Munger. . . . . . . Petitioner. Versus STATE OF BIHAR ----------- 2/ 12.08.2009 Heard learned counsel for the petitioner and the State. In the consideration of the grounds taken in restoration application, Cr. Misc. No. 3163 of 2009 is restored to its original file and number and is taken up for hearing. Petitioner is apprehending his arrest in connection with a case for the offence under Section 302/34 of the Indian Penal Code. He is named in the First Information Report along with seven others and is alleged to have caught hold the deceased whereafter others assaulted him. It is submitted on behalf of the petitioner that in view of the disability certificate bearing no. 1493 dated 20.10.2008 the allegation attributed to him appears to be concocted as it is difficult for the petitioner to even stand on his feet. The allegation of holding the deceased is wholly concocted. Let the petitioner surrender in the court below (Chief Judicial Magistrate, Munger in connection with Sangrampur P.S. case No. 71 of 2008) within four weeks from the date of receipt of a copy of this order in the court below and if the court below is satisfied about his disability then the court below shall pass appropriate order in accordance with law. Uday/ (V. N. Sinha, J.)