IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10411 of 2009 SANTU LAL, SON OF HARENDRA PRASAD SINHA, RESIDENT OF MOHALLA BALU BAZAR, P.S. ARA TOWN, ARA IN THE DISTRICT OF BHOJPUR--------PETITIONER. Versus THE STATE OF BIHAR----------OPP. PARTY. ----------- 02. 18.05.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 386/387 of the Penal Code and other allied Sections of the Penal Code and Section 27 of the Arms Act. He is named in the First Information Report along with Nirantar Singh and one another. It is submitted on his behalf that from perusal of the First Information Report as also 164 Cr.P.C. statement of the informant, it would appear that the informant had named the petitioner, Nirantar Singh and one another on the basis of the information derived from the villagers, which information he later found to be incorrect and made such statement under Section 164 Cr.P.C. Counsel further submits that before informant could record 164 Cr.P.C. statement, the bail plea of co-accused Nirantar Singh was considered and he was allowed bail by the learned Addl. Sessions Judge-I, Bhojpur at Ara. Let the petitioner surrender in the court of Chief Judicial Magistrate, Bhojpur, Ara in connection with - 2 - Chandi P.S. Case No. 05 of 2009 within four weeks from today and apply for regular bail, which should be considered in the light of the First Information Report, 164 Cr.P.C. statement of the informant as also the bail order passed in favour of co-accused Nirantar Singh. While considering the bail plea of the petitioner, court below shall also take into account the antecedent of the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J.)