IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4551 of 2009 OM PRAKASH ARYA (wrongly given of alias Pappu), Son of Late Deo Kant Arya, resident of Village- Chaklal Sahi, P.S.- Tajpur (Halai), District- Samastipur :--- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- 03. 07.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302/34 of the Penal Code as far back on 15.12.1997 and is named in the First Information Report along with four others. It is submitted on behalf of the petitioner that close perusal of the First Information Report would indicate that petitioner has been named therein with his alias name Pappu and according to learned counsel for the petitioner he has no alias name. He is only Om Prakash Arya and appreciating such fact police did not recommend the petitioner for trial and recommended his another brother Ved Prakash Arya alias Pappu for trial. The court below, however, differing with the report of the Investigating Agency has taken cognizance in the year 2008 against all those who are named in the First Information Report including the petitioner. Let the petitioner, Om Prakash Arya surrender in the court below within a period of four weeks from today and if it is true that he has not been recommended for trial then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Samastipur in connection with Tajpur (Halai) P.S.Case No. 395 of 1997, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. P.K.P. (V.N.Sinha, J.)