1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47020 of 2008 HARIBHUSHAN THAKUR @ BACHOL SON OF LATE MAHENDRA THAKUR RESIDENT OF VILLAGE RGHAULI,P.S.BISFI,DISTRICT MADHUBANI Versus STATE OF BIHAR ----------- 2/ 5.2.2009 Heard learned counsel for the Petitioner, learned A.P.P. and learned counsel appearing fort the complainant. The petitioner apprehends his arrest in a complaint case which has been lodged for offences under Section 392 and some other Sections of the Indian Penal Code, 27 of the Arms Act and 3/4 of the Explosive Substance Act. The present complaint case was filed on 28.2.2006 in which allegation is that the petitioner has committed various overt acts. Submission of the learned counsel for the petitioner is that prior to the present case, a case against the complainant was filed vide Bisfi P.S.Case No. 28 of 2006 for offence under Section 379 of the Indian Penal Code by the petitioner. In that case, the complainant was described as sole accused. The allegation against him is that he committed theft of government bricks. Further submission is that the present complaint case has been filed only with a view to put pressure upon the petitioner. While opposing the prayer for bail of the petitioner, learned counsel appearing for the complainant submits that the petitioner is accused in some other cases also from before. The court taking cognizance has not found any allegation of non-bailable offences under the Indian 2 Penal Code and also under Section 3/4 of the Explosive Substance Act to be true and has disbelieved the major part of allegations. The complainant on the date of filing of complaint was already accused and that accusation was on the basis of F.I.R. Considering the facts and circumstances of the case, this application is allowed and the above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he 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 Judicial Magistrate, Ist Class, Madhubani in Complaint Case No. 183 of 2006, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)