IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1788 of 2009 UMESH SHARMA Versus THE STATE OF BIHAR ----------- 3/ 19/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 304 of I.P.C. It is submitted that a thief was apprehended. The assault is attributed to 50 to 60 unknown. Paragraph-4 of the impugned order of rejection from the materials in the case diary notices that the petitioner has been alleged as one of the persons who was shouting “thief, thief” with no materials noticed from the case diary of any assault attributed to him. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Shri S.C. Dwivedi, Judicial Magistrate, 1st Class, Motihari in connection with 2 Mehsi P.S. Case No.84 of 2003 giving rise to Trial No.1409 of 2008, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)