IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7940 of 2009 SUNDAR LAL SANCHAITY,son of Dhanraj Sanchaity,resident of Mohalla-Gulab Bag,P.S.-Purnea Sadar in the District Of Purnea. Versus STATE OF BIHAR ----------- 02/ 08-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that in the statement of the prosecution witnesses petitioner’s name appeared, which was quite contrary to the statement made in course of investigation. Petitioner is even not named in the FIR. In my view, discussed suggested circumstance does not justify petitioner’s arrest. In case of arrest or surrender within one month from today in S.T.No.498/2004, arising out of Sadar P.S.Case No.187/2000, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- F.T.C.-II, Purnea, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )