IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46677 of 2008 ATUL KUMAR PANDEY @ JHUNNU PANDEY, SON OF BANARSI PANDEY, R/V MUBARAKPUR, P.S. MOHANIA, DISTRICT KAIMUR AT BHABUA---------PETITIONER. Versus THE STATE OF BIHAR---------OPPOSITE PARTY. ----------- 04. 30.4.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302/34 of the Penal Code and Section 27 of the Arms Act, which was registered against unknown. He has not been named by any of the witnesses. His complicity has transpired during the supervision of the occurrence by the Dy. S.P., which has been made after three years of the occurrence as would appear form Paragraph- 110 of the case diary. Let the petitioner surrender in the court below within four weeks from today and thereafter the court below should verify from the case diary about the complicity of the petitioner and if it is true that he has been named in the supervision note of the Dy. S.P. for the first time after three years of the occurrence then he, namely, Atul Kumar Pandey @ Jhunnu Pandey be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S.Case No. 01 of 2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. Until such verification, no coercive steps be taken against the petitioner. Rajesh/ (V.N.Sinha, J.) - 2 -