IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22604 of 2009 1. DHARMENDRA KUMAR BISWAS, son of Shyam Lal Biswas. 2. BIMAL KUMAR SAH, son of Raja Ram Sah. 3. NETILAL SAH, son of Bikram Sah. 4. JANARDAN BISWAS, son of late Rupan Lal Biswas. 5. SHYAM SUNDER SINGH, son of Barti Singh. 6. SUBODH DEVI, wife of Shyam Sunder Singh, All resident of village-Aamgachhi, P.S.-Jokihat(Mahalgaon), District-Araria. …….Petitioners Versus The State Of Bihar ……Opposite Party ----------- 02. 21.08.2009 The petitioners apprehend arrest in Jokihat (Mahalgaon) P.S. Case No. 51 of 1995(G.R. Case No. 719 of 1995) instituted under Sections 302, 201, 34 of the Indian Penal Code. At the very outset, learned counsel for the petitioner points out that the delay in approaching this Court is because initially the case was registered as a U.D. case. It is alleged that a boy of about 14 years of age had consumed poison and while being taken for treatment had died. The First Information Report subsequently registered names inter alia the petitioners also. The police on investigation submitted charge-sheet only against one Surjanand Biswas and filed final form as against the rest including the petitioners but the learned Chief Judicial Magistrate took cognizance of offences as stated above - 2 - against all persons. Petitioners filed criminal revision before the Sessions Judge who ultimately dismissed the same by order dated 31.05.2008 being the order of learned First Additional Sessions Judge, Araria in Criminal Revision No. 385 of 2000. It is thereafter petitioners have moved for bail. It is further pointed out that the only person who had been charge sheeted by the police was trialed and ultimately acquitted by the same very First Additional Sessions Judge, Araria in Sessions Trial No. 789 of 2000. Be that as it may, let the petitioners namely 1. Dharmendra Kumar Biswas 2. Bimal Kumar Sah 3. Netilal Sah 4. Janardan Biswas 5. Shyam Sunder Singh 6. Subodh Devi, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat(Mahalgaon) P.S. Case No. 51 of 1995( G.R. Case No. 719/1995) subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)