IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8537 of 2009 1. SANTOSH KUMAR @ SANTOSH MAHTO, SON OF NAND LAL MAHTO, 2. RAJ KUMAR, SON OF SITA RAM BOTH RESIDENTS OF VILLAGE NABIGANJ, P.O. CHAPRA, P.S. BHAGWAN BAZAR, DISTRICT SARAN-----------PETITIONERS. Versus THE STATE OF BIHAR------OPP. PARTY. ----------- 02. 09.06.2009 Counsel for the petitioner states that during the pendency of this application, petitioner no.1 has already surrendered in the court below. In the circumstances, his prayer for grant of bail has become infructuous, which is accordingly, dismissed as infructuous. So far petitioner no.2 is concerned, he is apprehending his arrest in connection with a case registered for the offence under Section 302 and other allied Sections of the Penal Code. It is submitted on his behalf that police after investigation submitted final form but differing therewith learned Magistrate has taken cognizance of the offence alleged and petitioner no.2 is apprehending his arrest. Let petitioner no.2, namely, Raj Kumar surrender in the court below within four weeks from today and if it is true that police after investigation submitted final form and differing therewith learned Magistrate has taken cognizance for the offence alleged against him, then he be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra in connection with Bhagwan Bazar P.S. Case No. 210 of 2004, G.R. No. 3093 of 2004, subject to the conditions as laid down under Section 438(2) Cr.P.C. Rajesh/ (V.N.Sinha,J.) - 2 -