IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37871 of 2008 SHATRUGHAN RAI Versus STATE OF BIHAR ----------- 2. 19.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Bakhtiarpur P.S. Case No.308 of 2007 for the alleged offences registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation is against the petitioner of assault. However, during investigation the police did not find any material/witness implicating this petitioner and as such submitted final form and found sufficient material against co-accused Dhananjay Kumar alias Bakhori and accordingly submitted chargesheet. The Chief Judicial Magistrate, however, differed and took cognizance against the petitioner as well. As such the petitioner apprehends his arrest. The learned APP appearing for the State on perusal of the final form submitted by the police, contained in Annexure 2, is not in 2 a position to refute the submissions made on behalf of the petitioner. Considering the above, it is directed that the petitioner Shatrughan Rai, in the event of his arrest or surrender in connection with Bakhtiarpur P.S. Case No.308 of 2007, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)