IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12402 of 2008 APPU PATHAK Versus STATE OF BIHAR ----------- 2 05.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in Madhubani Town (Rahika) P.S.Case No. 358 of 2007 registered under sections 25(1- b)A/26/27 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that on perusal of the allegations made in the first information report it would appear that there is absolutely no allegation against this petitioner making out the case under any of the provisions of the Arms Act. It is further submitted that bare perusal of the F.I.R. would show that the allegation against this petitioner is that he made call from his mobile and soon thereafter few persons came and resorted firing on account of which one Gunjan Sahani got injured. It is further submitted that the petitioner has falsely been implicated on account of his being selected as the Secretary of the Library Committee of the village in question as would appear from the proceeding of the Aam Sabha held on 16.02.2007 contained in Annexure-3. In the above circumstances it is submitted that the petitioner being the man of integrity having no criminal antecedent deserves to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to - 2 - refute the submissions advanced on behalf of the petitioners. Having considered the submissions and on perusal of the materials on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Appu Pathak be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Madhubani Town ( Rahika) P.S.Case No. 388 of 2007, G.R.No. 2236 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)