IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44010 of 2008 SURENDRA RAI, S/o Ram Bilas Rai, R/o Village – Katahan, P.S. Mehsi, Distt. – East Champaran. Versus STATE OF BIHAR ----------- 2. 16.12.2008. Heard. The victim himself filed the first information report. In that he named ten persons, who, it was alleged, committed offences including an offence punishable under Section 307 of the Indian Penal Code. Petitioner was not one of those ten accused persons. The informant - victim subsequently died. This time, the brother of the deceased filed yet another information and in that in addition to those ten persons, the name of the petitioner was also added. The brother of the deceased was also a signatory to the information submitted originally by the victim. In view of inclusion of the name of the petitioner in the second first information report, cognizance has been taken against the petitioner by the Magistrate while the police did not file any charge sheet against the petitioner. Considering the factors, as noted above, the application of the petitioner for grant of anticipatory bail is - 2 - allowed. In the event of arrest or surrender of the petitioner within six weeks from today, let the petitioner, namely, Surendra Rai be released on bail on his furnishing bond in the sum of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Srivastava, Judicial Magistrate, 1st Class, Motihari (East Champaran) in connection with Mehsi P.S. Case No. 94/2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. dk ( Barin Ghosh, J. )