IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31534 of 2008 BHOLA MIAN Vrs. THE STATE OF BIHAR **** /2/ 19.08.2008 Heard the counsel for the petitioner and the State. 2. First information report has been instituted for offence under Sections 307, 379, 504, 323 of the Indian Penal Code and 27 of the Arms Act. So far the petitioner is concerned, he was not present at the place of occurrence. The name of one Bhola was uttered by person pulling the cart loaded with coal. Counsel for the petitioner submits that the petitioner at the relevant time was hospitalized on account of serious injuries received in an accident. There is nothing to show involvement of this petitioner in the alleged occurrence. It has also been stated that petitioner has no criminal antecedent. 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioner, Bhola Mian, is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in 2 connection with Kotwali P.S. Case No. 96 of 2008 to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 4. The Chief Judicial Magistrate before accepting the bail bond of the petitioner will verify the antecedent of the petitioner. Only on being satisfied about his criminal antecedent, petitioner’s bail bond should be accepted. In case the petitioner is found to be involved in other case, his bail bond should not be accepted. S.A. ( Mridula Mishra, J. )