IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2556 of 2009 SHAILENDRA THATHERI @ SAJJO THATHERI Versus STATE OF BIHAR ----------- 3 28.5.2009 Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a police case under Sections 307,302/34, 120B of the Indian Penal Code and 27 of the Arms Act. The submission is that the petitioner is well known to the informant. He is not a named accused. The petitioner has been named in the concluding lines of the FIR, that the named accused had committed the offence on the directions of the petitioner. Learned Counsel for the State from the case diary submits that there is suspicion against the petitioner and concedes that there is no material in the investigation of any conspiracy. Charge-sheet has been submitted on suspicion only without any materials in support of such suspicion except for alleged previous enmity. The present is yet another case where the police by the manner of investigation has ensured anticipatory bail to the present petitioner in a serious case under section 302 of the IPC. In the facts and circumstances of the case, let the petitioner above named, surrender in the Court below within four weeks from today, when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, - 2 - Munger in Kotwali (Basdeopur) P.S. case No. 216 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It shall be the responsibility of the Investigating Officer of this case to ensure that the petitioner after grant of his bail does not abscond and is available to face trial. If the Investigating Officer fails in his duty the Court below shall bring it to the attention of the Director General of Police,Bihar and if the Court does not receive any response from him, the Court below shall bring it to the notice of this Court. Let a copy of this order be sent to the Director General of Police to be forwarded to the Superintendent of Police, Munger in view of the nature of investigation by which the police itself has ensured bail to the petitioner. (Navin Sinha,J.) A.Kumar