IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3646 of 2010 DIWAKAR MAHTO @ DIPANKAR MAHTO,son of Late Radha Mahto,resident of village-Sirisiya Khurd,P.S.-Kanti,District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr.V.K.Singh,Advocate For the State : Mr.Umesh Lal Verma, Addl.P.P. ------------ 03/ 09-04-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner apprehends his arrest in connection with Kanti P.S.Case No.282 of 2007 dated 22-11-2007, registered under Sections 147/148/149/447/448/307/384/341 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that he is named in the FIR as an accused and there is allegation of assault against him, but on close of investigation accusation against the petitioner was found to be false by the police. By referring to Annexure-2, it is pointed out that though charge sheet was submitted against other co-accused persons, but the petitioner was not sent up for tail. However, the learned Magistrate by looking into the materials on record took cognizance against the petitioner also and, therefore; he has reasonable apprehension of arrest. In the aforesaid background and particularly in view of the fact that petitioner was not sent up for trial by the Investigating Officer, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above 2 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 Sri A.K.Sinha, Judicial Magistrate, Ist Class, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that : (a) the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. ( Birendra Prasad Verma, J.) AH/