IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10101 of 2009 CHHATRAPAL BHAGAT @ CHATRAPAL PRASAD, Son of Sargoo Prasad, resident of village – Hasanpura, P.S.- Masaurhi, District – Patna. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 02/ 11.06.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offence under Sections 302, 120B & 379 of the Penal Code and 27 of the Arms Act. He is named in the First Information Report along with 13 others. It is submitted on behalf of the petitioner that from the contents of the First Information Report it will appear that the assailants are Satyendra and Suhawan Mahto and petitioner is only a member of the unlawful assembly. After investigation petitioner was not sent up for trial. The court below, however, differing with the final form even summoned the petitioner and he is apprehending his arrest. Let petitioner, above named, surrender in the court below within four weeks from today and if it is true that he has not been sent up for trial, then he be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (five 2 thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Masaurhi at Patna in connection with Masaurhi P.S. Case No. 38 of 2006, subject to the conditions as laid down under Section 438(2) Cr.P.C. DKS/ (V.N. Sinha, J)