IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.633 of 2010 ISMILE @ MD.ISMAIL,son of Md. Farid, resident of Village-Khurd Patkoyee,P.S.- Kochadhaman in the district of Kishanganj. Versus STATE OF BIHAR ----------- 03/ 05-04-2010 Heard Mr. Raj Kumar, learned counsel appearing for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kishanganj P.S.Case No.83/2008 dated 31-03-2008, registered under Sections 419/420/406/34/120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that allegation of cheating is mainly against other co-accused persons, namely Md. Mustafa and Manoj Kumar, who are alleged to have cheated some poor persons and are alleged to have taken Rs.250/- per head for providing them benefits either under Indira Aawas scheme or Bank loan or providing them BPL card, but there is no such allegation against the petitioner. It is submitted that at best petitioner has been named by co-accused persons and he is said to be a member of a group run by co-accused Ubedlal Rai. Aforesaid co-accused Ubedlal Rai is said to have been granted anticipatory bail by the learned Additional Sessions Judge as stated in paragraph-19 of this petition. Learned Additional Public Prosecutor, though opposed the prayer for anticipatory bail, but has not pointed out any specific allegation against the petitioner. From perusal of the impugned order passed by the 2 Additional Sessions Judge, Kishanganj also there is nothing to show about specific role having played by the petitioner for committing the crime in question. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, 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 Chief Judicial Magistrate, Kishanganj, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)