IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26193 of 2009 KANHAI Versus The STATE OF BIHAR ------ 2/ 25.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is one of three criminals identified on a motorcycle. Two of them arrested and some recovery is also made from their possession but petitioner succeeds to escape. So, no question arises about having in possession of fire arms but he is apprehending for the same, basing which petitioner’s arrest cannot be justified. Considering the facts and circumstances of the case, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Town P.S. Case No. 271 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)