IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51736 of 2007 PAPPU KUMAR MEHTA @ PAPPU MEHTA, son of Mahendra Mehta, resident of village Garhiya, P.S. K. Nagar, District Purnea Versus STATE OF BIHAR ----------- 04/ 26.3.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 363, 364/34 of the Indian Penal Code, which is lodged against one Kishore Kumar Biswas on 27.8.1997. He is not named therein. It is submitted on behalf of the petitioner that after about nine years of the occurrence on 17.12.2006 for the first time, process for securing his arrest in the case was obtained. He is also not named in the statement of the victim recorded under Section 164 Cr.P.C. Let the petitioner Pappu Kumar Mehta @ Pappu Mehta surrender in the court below and the court below should verify the aforesaid submission and if it is true that process for securing his arrest in the instant case was obtained after nine years of the occurrence 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 the Chief Judicial Magistrate, Purnea in K. Hat P.S. Case No. 455 of 1997, subject to the conditions as laid down under Section 438(2 Cr.P.C., provided his antecedent is clean, which should also be confirmed and until such confirmation is made, no coercive steps be taken against the petitioner. Arjun/ (V.N. Sinha, J.) 2