IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23138 of 2010 HARI KISHORE RAI @ BHOLU SON OF MAHESHWAR RAI, RESIDENT OF MORAUL, P.S. SAKRA, DISTRICT MUZAFFARPUR – PETITIONER. Versus STATE OF BIHAR--- OPP. PARTY. ----------- 2/ 21-07-2010 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under section 448, 353, 420 and some other allied offences under the Indian Penal Code. It is submitted that even according to the prosecution case, as disclosed in the F.I.R. vide Annexure- 1, the main allegation is against co-accused Shital Rai. The petitioner is only alleged to have hurled abuses and threat. It is further submitted that on close of investigation entire accusation against the petitioner was found to be false as charge-sheet dated 31.12.2008 ( Annexure-4 )was submitted against other accused persons but the petitioner was not charge-sheeted as he was found to be innocent. However, learned C.J.M. has disagreed with the police report and has taken cognizance against the petitioner also, beside other accused persons. The main accused Shital Rai is already enjoying the privilege of bail. Taking into consideration the aforesaid facts and circumstances, it is directed that in the event of his arrest or surrender in the court below within a period of four weeks from today the above named petitioner shall be 2 enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Muzaffarpur in connection with Sakra P.S. Case No. 382 of 2008, subject to conditions as laid down under section 438(2) of the Cr. P.C. BTiwary ( Birendra Prasad Verma, J)