IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8742 of 2011 ASHUTOSH KUMAR RAY Versus THE STATE OF BIHAR ----------- 2 28.03.2011 Heard learned counsels for the petitioner and Mr. Dashrath Mehta, A.P.P. for the State. The petitioner is apprehending his arrest in a case registered under Section 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The specific accusation is against Santosh Kumar, Manindar Rai and Deepak. The accusation against the petitioner is one of the conspirators. It is submitted by learned counsel for the petitioner that petitioner has no criminal antecedent and he is not an accused in Gardanibath P.S. Case No. 47 of 2003 which was earlier lodged by the informant’s side for murder of informant’s brother and uncle. By supplementary affidavit Chargesheet no. 238 of 2009 has been brought on record whereby Manidar Rai and Bhubneshwar Rai have been charge sheeted and the investigation has been kept pending against the others including the petitioner. Considering the aforesaid facts, let the - 2 - petitioner above named be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna, in connection with Gardanibagh P.S. Case No. 100 of 2004, subject to the condition as laid down under Section 438(2) of the Cr.P.C. The learned court below will accept the bail bond of the petitioner on verification that investigation is still pending against the petitioner. Bhardwaj ( Dinesh Kumar Singh,J.)