IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10861 of 2010 Tulsi Chauhan, son of Late Jai Mangal Chauhan, resident Village- Belwan, P.S. Meskour, District- Nawada. ………….Petitioner. Versus The State of Bihar ………………………..Opposite Party. ----------- 2. 23. 04. 2010. Heard Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Nayendra Kumar Singh, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Narhat (Sitamarhi) P.S. Case No. 75/08 dated 19. 09. 2008, registered under Sections 341, 323, 337 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that according to the prosecution case, there is allegation of assault by fist, slap and stone against the accused persons and the petitioner is alleged to have taken out of Rs. 47,000/- from the pocket of the informant, but on close of investigation, accusation against the petitioner of committing theft was not found to be true by the I.O. and charge sheet vide Annexure-2 was submitted only under Section 504 of I.P.C. However, learned Magistrate disagreed with the Police report and had taken cognizance against the accused persons including the petitioner under Section 379/34 besides other offences of the Indian Penal Code. Be that as it may, in view of the fact that Police found that case under Section 379 of the I.P.C. is not true against the 2 petitioner vide Anneuxre-2, in the event of his arrest/surrender within a period of four weeks from today, the petitioner, namely, Tulsi Chauhan, shall 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 Shree Abhijit Kumar, Judicial Magistrate, Nawada, in connection with Narhat (Sitamarhi) P.S. Case No. 75/2008, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)