IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38626 of 2008 ANIL MAHTON @ ANIL KUMAR W i t h Cr.Misc. No.36178 of 2008 MUNESHWAR MAHTO @ MUNNA Versus THE STATE OF BIHAR ----------- 2/ 23/10/2008. Leave is sought to withdraw Cr.Misc. No. 38626/08 on the ground that the petitioner has been taken into custody. The application is dismissed as withdrawn. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner in Cr.Misc.No.36178/08 apprehends arrest in a police case under Sections- 302/34 and 120B of I.P.C. and 27 of the Arms Act. Alleging false implication, learned counsel for the petitioner submits that the F.I.R. was lodged against three unknown persons for having shot dead a Block Development Officer. There is no statement in the F.I.R. of the three being accompanied by any others. Five persons were charge-sheeted originally and put to trial who came to be acquitted in Sessions Case No.642/05 by the F.T.C. 5, Sheikhpura on 20.11.2006. Curiously despite there being only three assailants there is acquittal of five. The police has found fresh suspects more than what the F.I.R. itself alleges. In paragraph-36 - 2 - of the judgement dated 20.11.2006 the nature of the shoddy investigation done, based on stories told by the little bird, has been deprecated. The petitioner has been roped nearly four years later on mere suspicion. Having considered the facts and circumstances of the case, 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 Chief Judicial Magistrate, Seikhpura in Ariari P.S. Case No.122/04, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J )