IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17254 of 2009 1. KAPIL DEO MAHTO 2. RAHESH MAHTO 3. AWDHESH MAHTO 4. BINDESHWAR MAHTO 5. SANJAY MAHTO 6. DHANJAY MAHTO 7. SITARAM MAHTO 8. KAMESHWAR MAHTO 9. RAJESHWAR MAHTO Versus STATE OF BIHAR ----------- 02/ 21.05.2009 Heard Sri Bindeshwar Prasad Singh, Advocate for the petitioners and Shri Dasrath Mehta, APP for the State. Let the petitioners surrender and pray for regular bail in the court below. The court below shall consider that the petitioners in spite of being named in the FIR were not found having therein in commission of any offence as accused Jitendra Mahto was found indulging in only offence under Section 354 of the IPC, as a result of the above the petitioners were not sent up for trial. The petitioners have been summoned by the C.J.M. The court below may appreciate that this could be good case for regular bail if it could be heard by a court of Magistrate and act according to above observation without any prejudice towards order of the present petition. This petition is, accordingly, disposed of. DKS/ (Dharnidhar Jha, J.)