IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18928 of 2009 Mantu Khan, S/o-Late Md. Mustafa Khan, residents of village-Sultanpur, P.S.-Desri, District-Vaishali. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 26.05.2009 Petitioner apprehends arrest in Hajipur Sadar (Industrial Area) Police Station Case No. 461 of 2007, registered under Sections 363 and 365 of the Indian Penal Code, pending before the C.J.M., Vaishali at Hajipur. As per the first information report, it is alleged that the informant’s son had purchased a second hand motor cycle and on 19.08.2007 he had gone to get papers prepared for the same. He did not return. His other son informed him that two friends, namely, Raja and Vishunjeet had phoned the petitioner’s sons who came quickly for getting papers prepared. His son did not return, therefore he suspected the two friends of his son to be responsible for abduction of his son along with motor cycle in question. Petitioner is admittedly not named in the F.I.R. It is subsequently petitioner’s name gets involved in the case at the instance of Police on their own. It is stated that coming to know aforesaid, petitioner had moved before the learned Sessions Judge, Vaishali at Hajipur for grant of anticipatory bail who rejected his anticipatory bail application on 25.03.2008, but thereafter realizing that there was no material against the petitioner, the Investigating Officer was directed by Police themselves not to arrest the petitioner. Recently, while petitioner is admitted to the Patna Medical College Hospital, the Investigating Officer having - 2 - changed, a decision had to be taken to arrest the petitioner. The informant’s son is still traceless. In the case diary, as per the order of the learned Sessions Judge, it appears that the alleged motor cycle belonged to the petitioner. Petitioner vehemently denies the same stating that there is absolutely no material for this. Merely because petitioner has criminal antecedent does not mean he was involved in the present occurrence. Petitioner is said to be critically ill. In the aforesaid circumstances, it is directed that till the completion of investigation, the petitioner, Mantu Khan, if arrested or surrenders, shall be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar (Industrial Area) Police Station Case No. 461 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr. P.C. The bail bond shall stand cancelled once charge sheet is submitted against the petitioner. Petitioner would then be required to surrender and pray for bail in accordance with law. Trivedi/ (Navaniti Prasad Singh, J.)