IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27092 of 2009 SANJAY MAHTO @ SANJAY KUMAR MAHTO, son of Vidya Mahto, resident of village-Mabbi, P.S.-Rosera, District-Samastipur -----------Petitioner. Versus STATE OF BIHAR ----------- 2. 31.8.2009 Heard learned counsel for the petitioner and the State. In the case assault at accused persons’ hand is alleged with intention to kill but according to the learned counsel for the petitioner, there is no allegation of any overt act against this petitioner. So after investigation final form was submitted not sending him for trial but cognizance is taken and petitioner is apprehending his arrest which can never be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Rosera, Samastipur, in connection with Rosera P.S. case no.7 of 2005, Tr. no. 2603 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )