IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38060 of 2009 PANKAJ KUMAR son of Pradeep Kumar @ Pradeep Sao, Resident of Mohalla-Chunakhari, Ward No.17 of Barh Town, P.S. Barh, Dist. Patna Versus STATE OF BIHAR ----------- 3. 2.2.2010. Heard Mr.Arun Kumar Arun, learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barh P.S. Case No.186 of 2009 registered for the offences under sections 147, 148, 448, 323, 325, 307 and subsequently section 302 of the Indian Penal Code was added and has prayed for grant of anticipatory bail. First information report was lodged by the informant, who is wife of the deceased, specifically mentioned the name of Pradeep Sah and Manni Kumar as accused and other 5-6 accused persons. It was alleged by the informant that her husband was tied on the pole and accused persons had brutally assaulted him. Subsequently, injured was carried to the hospital and in the hospital he died. During the investigation, in her re-instatement she disclosed that she was informed by Kanchan Kumar and Vikki Kumar that amongst the assailants, the petitioner was one of them. In this case earlier by order dated 22.12.2009 the case diary was called for. Learned counsel for the petitioner while referring the case diary has stated that during investigation Kanchan Kumar and Vikki Kumar were examined by the police. However, Kanchan Kumar had not named the petitioner as one of the assailants. He further submits that the informant was examined 2 thrice by the police. However, on third occasion she did not mention the name of this petitioner as assailant of the crime. Submission of the learned counsel for the petitioner has not been controverted by the learned counsel for the State. The petitioner has also taken a plea of alibi and has brought on record certain documents issued by the official of the Eastern Railway, Asansol, which indicates that from 25th June, 2009 to 27th June, 2009 the petitioner being railway employee had discharged his official duties. It is clarified that the occurrence had taken place on 27.6.2009 at about 7 A.M. In the facts and circumstances of the case and without expressing any opinion on the merit of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of arrest/surrender within four weeks from today before the court below the petitioner above named shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh (Patna) in connection with Barh P.S.Case No.186 of 2009 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. ( Rakesh Kumar, J.)