IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34299 of 2011 ====================================================== 1. Suresh Sah. 2. Mahesh Sah. Both sons of Hajari Sah @ Sahdeo Sah, resident of Vill. Sargatia, Tola Maheshpur, P.S. Gopalpur, Distt. West Champaran. At present resident of Vill. Sariswa Bazar, P.S. Majhaulia, Distt. West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar No.1, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. The petitioners apprehend their arrest in a criminal prosecution, based on a complaint petition, in which cognizance has been taken under Section 406 of the Indian Penal Code. Learned counsel for the petitioners submits that the present complaint petition vide Annexure-1 was filed belatedly, after expiry of more than three years from the date of alleged occurrence. It is also submitted that entire criminal prosecution Patna High Court Cr.Misc. No.34299 of 2011 (2) dt.12-10-2011 2 against the petitioners appears to be barred by limitation, as prescribed under Section 468 Cr.P.C. Be that as it may, in the facts and circumstances of the case, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail in connection with Complaint Case No. 2500 of 2008 corresponding to Trial No. 3962 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Sri D. Srivastava, Judicial Magistrate, 1st Class, Muzaffarpur subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)