IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34649 of 2009 ARBIND KUMAR MISHRA @ CHHOTU MISHRA, SON OF UMESH MISHRA, RESIDENT OF VILLAGE RAMDAS BAGAHI, P.S. KATEYA, DISTRICT GOPALGANJ. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 2 13.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that on perusal of the First Information Report of Sidhwalia P.S. Case No. 111/2009 and the order of the Sessions Judge passed in the case of Basant Baitha co- accused, it would appear that the Officer Incharge in retaliation appears to have concocted this case. The First Information Report was produced after a delay of 48 hours before the Chief Judicial Magistrate. Besides which it is submitted that the petitioner had earlier lodged a case against the Officer Incharge and when he came to learn about it, he filed the present case. It is also submitted that the motorcycle belongs to the co- accused and, therefore, the genesis of the very occurrence is falsified. Be that as it may, petitioner Arbind Kumar Mishra @ Chhotu Mishra is directed to be released on anticipatory bail in the even of his arrest or surrender within a period of six weeks in connection with Kateya P.S. Case No. 112 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)