IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1363 of 2008 SURENDRA MAHTO @ SADHWA Versus THE STATE OF BIHAR ----------- 3 14.5.2008 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 307, 324, 386/34 and 120B of the Penal Code and section 27 of the Arms Act. The allegation in the F.I.R. indicates that the petitioner and some other named miscreants had earlier also threatened the informant’s brother and demanded Rangdari for which a case was lodged and the petitioner is at present in custody in that case along with several other cases in which he is accused. Learned counsel for the petitioner submits that as far as the petitioner’s case is concerned, from a plain reading of the F.I.R. it appears that he was not present at the time of occurrence and as such his involvement in the present case is without any substance. The State counsel, on the other hand, submits that the petitioner is accused in several cases and is a veteran criminal. Considering the fact that the petitioner’s name has not been disclosed in the F.I.R. and that he was in custody at the time of occurrence, I direct that he, namely, Surendra Mahto @ Sadhwa should be released on bail in Pirbahore PS Case No. 220/2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of Sri B. Pandey, Judicial Magistrate, Ist Class, Patna, with the conditions that one of the bailer should be a close family 2 member of the petitioner and the photographs of both the bailers should be affixed on the bail bond. haque (Sheema Ali Khan, J.)