IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24967 of 2008 MASTER MD.NASIM @ NASIMUDDIN Versus STATE OF BIHAR ----------- 2. 16.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Araria P.S. Case No.538 of 2006 for the alleged offences registered under section 307/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is a Government teacher and has been falsely implicated in this case. Notwithstanding the above, the police in course of investigation did not find any material against this petitioner. The injury which is alleged to have been caused by this petitioner is also found to be simple by the Doctor, as contained in Annexure 2 to this application. The police accordingly did not submit any chargesheet against the petitioner. However, the Magistrate differed and took cognizance under section 307 of the Indian Penal Code against the petitioner. The learned APP is not in a position 2 to refute the submissions of the petitioner, as noticed above. Considering the above, it is directed that the petitioner above named, in the event of his arrest or surrender in connection with Araria P.S. Case No.538 of 2006, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)