IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31384 of 2008 1.BARISTER RAO son of Lalan Rao 2.Jhunnu Rao @ Jhunna Rao son of Rameshwar Rao both resident of village-Laukaria, P.S.-Baria, Dist.-West Champaran at Bettia Versus STATE OF BIHAR ---------- 4. 6.1.2009. Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with a case registered against them as well as against Manoj Mishra under sections 302, 120B, 379 and 411/34 of the Indian Penal Code and section 27 of the Arms Act. Allegation is that Manoj Mishra fired causing death of brother-in-law of the informant Ram Murti Rao. Allegation against petitioner no.2 is that he fired upon the informant but no corresponding injury has been mentioned. Submission is that there is no allegation of overt act or assault against any of the petitioners. The matter has been investigated by the police and the police has found the petitioners to be innocent and so final report was ordered to be submitted. Aftrer submission of the final report the Chief Judicial Magistrate deferred with the same and took cognizance. Assailant Manoj Mishra has been granted bail by this court. Considering the facts and circumstance of the case, the above named petitioners are directed to surrender before Sri P.K.Singh ‘Srinet’, Judicial Magistrate, 1st Class, Motihari within three weeks and in that event they shall be released on bail on - 2 - furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to his satisfaction in connection with Paharpur P.S.Case No.42 of 2002, Trial No.2727 of 2007 subject to the conditions as laid down under sections 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)