IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.503 of 2010 PAPPU MANAV Versus STATE OF BIHAR ----------- 5. 12.07.2010 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered under Sections 302 and 201 of the Indian Penal Code. The petitioner is not named in the F.I.R. whereas the F.I.R. was lodged with specific allegation against Manoj Sharma. It is submitted by learned counsel for the petitioner that the charge sheet was submitted on 9.7.2006 against F.I.R. named accused person, namely, Manoj Sharma. The petitioner’s name sprang up in the confession of the co-accused, but still the investigation is continuing against the petitioner. Hence, the petitioner has no occasion to apply for anticipatory bail whereas similarly situated accused has been granted anticipatory bail vide Annexure-4 to this petition. Learned APP Mr. Mehta submits that case diary reflects that the investigation was pending till 2008 but it cannot be verified from the case diary that investigation is pending at present. In view of 2 the aforesaid fact that the investigation is still pending and others have been granted bail and the petitioner was not named in the F.I.R., let the petitioner, namely, Pappu Manav, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 430 of 2006. It is made clear that the Chief Judicial Magistrate, Patna will verify that the investigation is pending against the petitioner or not. If the charge sheet has been submitted against the petitioner then the bail bonds of the petitioner will not be accepted. Anand Kr. ( Dinesh Kumar Singh, J.)