IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9785 of 2009 MUKESH YADAV, son of Late Brij Nandan Yadav, Resident of village Bari Misiyan, Police Station Sarmera, District Nalanda Versus STATE OF BIHAR ----------- 02/ 07.08.2009 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 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act on 13.6.2003, as according to the petitioner, after investigation, police submitted final form on 8.11.2003 and the petitioner was not recommended for trial, but differing therewith, while taking cognizance of the offences, learned Magistrate even summoned the petitioner under orders dated 11.3.2004, but in compliance of the orders of the learned Magistrate neither summons were served on the petitioner nor any warrant of arrest was issued, now he has come to learn of the orders taking cognizance of the offence and summons have already been issued against him, as such, he apprehends his arrest and has approached this Court for grant of bail in the event of arrest. Let the petitioner above named surrender in the court below within four weeks from today and thereafter the court below should verify from the records whether warrant of arrest has been issued against the petitioner and if warrant of arrest has 2 not been issued against him, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of Sri S.K. Chaudhary, Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Sarmera P.S. Case No. 34 of 2003 (G.R. No. 951 of 2003), subject to the conditions, as laid down under Section 438(2) Cr.P.C. Let this order be communicated to the court below though fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)