IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24133 of 2010 MD.FAROOQUE Versus STATE OF BIHAR ----------- 03/ 27.10.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner apprehends his arrest in connection with Araria (Bairgachhi) P.S. Case no. 311of 2008 registered under sections 341, 342. 323,504,337,365/34 IPC. Petitioner is named in the FIR with allegation that he as well as other accused assaulted the informant and his son and also made them captive. Informant’s son is still traceless. Contention of the learned counsel for the petitioner is that, as a matter of fact, informant’s son stole a mobile set of the petitioner for which a dispute took place between the parties and when the petitioner lodged Araria(Bairgachhi) P.S. Case no. 310 of 2008, the informant lodged the instant case. He also points out that not only Dy. S.P. but S.P. has also found the case untrue though investigation is still pending. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner (Md Farooque) in the event of arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Araria( Bairgachhi) P.S. Case no. 311 of 2008 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the CJM, 2 Araria subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))