IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5250 of 2009 NAGENDRA SAH Versus STATE OF BIHAR ----------- 02/ 15.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 448, 323, 323, 307, 427, 504 and 379 of the Penal Code. Learned counsel for the petitioners submits that the entire allegation is absolutely false and frivolous and no specific overt act has been alleged against him. He further submits that altogether there were eight named accused persons including the petitioner, but the Police submitted charge sheet only against seven of them, except the petitioner, but subsequently the court took cognizance against all the accused persons including the petitioner without considering the facts and circumstances of the case. He also avers that the petitioner has got no criminal antecedent. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, let the sole petitioner, namely, Nagendra Sah be enlarged on bail on furnishing bail bond of Rs.10,000.00 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, in connection with Kesaria P.S. Case No. 73 of 2007, 2 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. MPS/ ( S. N. Hussain, J. )