IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47453 of 2008 AJAY SHARMA @ AJAY KUMAR Versus THE STATE OF BIHAR ----------- 2/ 12/12/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 396 of I.P.C. The submission is that the F.I.R. is against unknown. His name has transpired during investigation like co-accused granted anticipatory bail in Cr. Misc. No.5302/06 that there is no tangible material against him, as otherwise, the same would have been noticed in the impugned order of rejection from the case diary, in stead of merely reciting that “Some witnesses have named this petitioner”. This Court finds itself in concurrence with the submissions made by the counsel for the petitioner of the absence of any materials against him for reasons of the impugned order itself. 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 2 thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Mehandiya P.S. Case No.9/05, subject to the conditions laid down under Section-438(2) Cr.P.C. Let a copy of this order be communicated to the District & Sessions judge, Jehanabad. KC ( Navin Sinha, J.)