IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4487 of 2009 1. SIYA SHARAN UPADHYAYA S/O BRAHMDEO UPAD- HYAYA. 2. CHANDAN UPADHYAYA, S/O SIYA SHARAN UPAD- HYAYA. 3. CHUNNU UPADHYAYA S/O SACHCHIDANAND UPADHYAYA (ALL R/O RAJGIR BUS STAND, P.S. RAJGIR, DIST. NALANDA.) --- PETITIONERS. Versus STATE OF BIHAR -- OPP. PARTY. ----------- For the petitioners: Mr.Ashok Kumar No.1, Advocate. For the State: Mr. C.Jawahar, APP. 02. 01.05.2009 Heard both sides. After some argument, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner nos. 2 and 3, namely, Chandan Upadhyaya and Chunnu Upadhyaya. Accordingly, the application with regard to petitioner nos. 2 and 3 is permitted to be withdrawn. So far as petitioner no.1, namely, Siya Sharan Upadhyaya is concerned, the allegation is that he too came to the place of occurrence along with his son and other relatives. However, there is allegation of theft against him. Referring to paragraph nos. 6 and 8 of the bail application, it is contended that petitioner no.1 is a retired headmaster of a Government Middle School, and that the police, in course of investigation, has found the allegation under Section 379 as an embellishment as no witness has supported the case. Having regard to the said fact, this court is 2 persuaded to extend the privilege of anticipatory to the petitioner no.1, namely, Siya Sharan Upadhyaya. In the event of his arrest or surrender within a period of four weeks from today before the court below, petitioner no.1, namely, Siya Sharan Upadhyaya is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Rajgir P.S. Case No. 155 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Sym/ (Kishore K. Mandal, J.)