IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36753 of 2008 ANSARI @ GEYASUDDIN ANSARI Versus THE STATE OF BIHAR ------- 2. 26.9.2008 Second supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Muzaffarpur Rail P.S. Case No.26/07 for the alleged offences registered under sections 328, 307, 379, 411/34 of the Indian Penal Code and sections 8 and 22 of the Narcotic Drugs & Psychotropic Substances Act. It is submitted on behalf of the petitioner that there is no allegation against the petitioner in the whole of the First Information Report. However, the petitioner has been implicated in this case on account of confusion created by the statement of co- accused that there were three more persons involved in the alleged crime, who were said to have given some intoxicant to the informant in the train. It is further submitted that the prosecution case is that there were only five persons, who entered in the train, out of which 2 one got down from the train and brought some intoxicant tea and biscuits and offered it to the informant, as a result of which he became unconscious. However, the police have recorded in all six names and out of those six names, name of the petitioner in the confessional statement of co-accused was taken as Ansari without naming his parentage. However, the police have taken warrant for his arrest which gave apprehension of arrest of this petitioner and as such he has filed the anticipatory bail application. It is further submitted that on perusal of the relevant documents i.e., electric bill, telephone bill, Bank pass-book and photo identity card etc., it would appear that the name of the petitioner is Gayasuddin Shah. The learned counsel submits that the police implicated the name of this petitioner on mere suspension that earlier in the year 2003 there was a case registered against the petitioner vide Rail Siwan P.S. Case No.20/3 dated 30.4.2003. In the said case final form was submitted as stated in paragraph 4 of the supplementary affidavit. Therefore, it has been submitted that the petitioner has been implicated without any material. 3 The learned APP appearing on behalf of the State submits that although there is no allegation against the petitioner in the First Information Report, but in the confessional statement of the co-accused the name of one Ansari has been taken and the police has registered the case against the petitioner alias Ansari. Considering the above and in the facts and circumstances, let the petitioner Ansari @ Gayasuddin Ansari, in the event of his arrest or surrender in connection with Muzaffarpur Rail P.S. Case No.26/07 within a period of four weeks from today, 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 the Sessions Judge, Muzaffarpur, 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.)