IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7447 of 2009 MD.ALAMGIR, Son of Md. Mustafa, resident of village – Tektar, P.S. Kamtaul, District – Darbhanga. … Petitioner. Versus THE STATE OF BIHAR … Opp. Party. ----------- 02/ 30.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 307 and other allied sections of the Penal Code. He is named in the First Information Report and is alleged to have given Farsa blow to the injured Madan Mohan Jha. It is submitted on behalf of the petitioner that the entire allegation as set in the First Information Report and the injury report obtained in support thereof has been obtained from Dr. P.N. Jha, who is none other but related to the informant. It is further submitted that petitioner has been falsely implicated in the First Information Report and highlighting such false implication petitioner has filed a representation before the Superintendent of Police, Darbhanga which is contained in Annexure-4 and appreciating the contents of Annexure-4 and the documents as contained in Annexure-3 namely, the ration card and the birth certificate as also other documents, submission has been made before the Superintendent of Police that petitioner is generally residing in the National Capital Territory of New Delhi and has been falsely implicated in the present case and appreciating the contents of those documents charge sheet in the case has not yet been submitted against the petitioner. - 2 - Let the petitioner surrender in the court below within four weeks from today and the court below should thereafter seek report of the Superintendent of Police, Darbhanga over Annexure-4 and if from the report of the Superintendent of Police it appears that the petitioner has been falsely implicated in the instant case, 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, Darbhanga in connection with Kamtual P.S. Case No. 18 of 2008, failing which this order need not be given effect. However, until receipt of the report in the light of Annexure-4 from the Superintendent of Police, Darbhanga no coercive steps be taken against the petitioner. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. DKS/ (V.N. Sinha, J.)