IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9809 of 2009 Santosh Kumar, son of Anuz Prasad, Resident at Village- Obra, P.S. Obra, District Aurangabad (Bihar) Versus STATE OF BIHAR ----------- 02/ 07.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 365, 368, 120(B) of the Indian Penal Code and is named in the First Information Report along with three others, including his brother Mani Kumar. It is submitted on behalf of the petitioner that having investigated the case, police found the case untrue and did not recommend the petitioner for trail, however, the court below differing with the final form has summed the petitioner and he is apprehending his arrest. Let the petitioner surrender in the court below within four weeks from today and if it is true that police submitted final form and did not recommend him for trial, the petitioner above named be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. five thousand only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Daudnagar, Aurangabad (Bihar) in connection with Obra P.S. Case No. 42 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ ( V.N. Sinha, J.)