IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1241 of 2008 SHAUKAT ALI @ SHAUKAT MISTRI Versus THE STATE OF BIHAR ----------- 2 13.05.2008 Heard the learned counsels for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. The petitioner apprehends arrest in Nawada (T) P.S.Case No. 283 of 2006 registered under sections 302/201 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioner that on perusal of the allegations levelled in the first information report, it would appear that the case is against unknown, however the petitioner has been roped in this case on the basis of the confessional statement of co-accused Dilip Verma to the effect that the vehicle in question was sold by him to one Gopal and subsequently the said Gopal sold it to this petitioner. It is further submitted that the petitioner is running a garage for repair of heavy vehicles and the said Gopal is having spare parts shop and there are some dispute between them on account of their business dealings. It is further submitted that there is no allegation making out case under section 302 I.P.C. It is also submitted that on perusal of the charge-sheet (Annexure-5), it would appear that it has been submitted against other accused persons for the offence under section 302 I.P.C. however investigation against this petitioner is continuing. Having considered the submissions as noticed above and on - 2 - perusal of the allegations levelled in the F.I.R. as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Shaukat Ali @ Shaukat Mistri be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Nawada (T) P.S.Case No. 283 of 2006, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)