IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43340 of 2008 NADIM KHAN, S/O KALIM KHAN, R/O MUHALLA SAMANPURA P.S. SHASTRI NAGAR, DISTRICT-PATNA. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 2 12.12.2008 In the night between 08th and 09th February, 2007, lock of shutter of the shop of the informant was broken by some unknown miscreants. They committed theft of a certain number of mobile phones and cash of Rs. 1,76,000/-. The sister of the petitioner, Gulshan Anjum, applied for anticipatory bail before the Sessions Judge, Patna, when she obtained the same on 05th June, 2008. From the order of the Sessions Judge it appears that at that stage the investigation revealed that a call was made from one of the stolen mobile phones to the mobile phone of one Imran Khan and it was alleged that Gulshan Anjum knew Imran Khan. In as much as Gulshan Anjum denied knowing Imran Khan she was granted anticipatory bail by the Sessions Judge. Petitioner thereupon applied for grant of anticipatory bail before the Sessions Judge. While rejecting the said 2 application the Sessions Judge has recorded in his order dated 27th August, 2008, that one of the stolen mobile phones was used by Samir and Gulshan Anjum , brother and sister of the petitioner. The Sessions judge has further recorded that the mobile phone was used for providing clothes to one Chhote who was then in Jail custody. Until that time the investigation did not point a finger towards the petitioner. The Sessions Judge, however, observed that though statements of the petitioner would help investigation but he not only evading his arrest but is beyond the approach of the Police. I think, in such circumstances, only to assist the Police it would be appropriate to grant anticipatory bail to the petitioner on the condition that he will make himself available before the Investigating Officer every Monday for four consecutive weeks at 10.30 A.M. On the condition as above, let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in Gardanibagh (Shastrinagar) P.S. Case 3 no. 104 of 2007, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad