IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34410 of 2008 1. MD.JIYA, S/0 MD. MOSIM, 2. RAM SHNESHTH THAKUR, S/O CHALITAR THAKUR, R/O VILLAGE BALHA, P.S. BISFI, DISTRICT-MADHUBANI. -PETITIONERS Versus THE STATE OF BIHAR. –OPP.PARTY 3 14.11.2008 The 164 statement given by both the alleged eye-witnesses do not name Ram Shneshth Thakur, the petitioner no.2 herein. The case diary also does not suggest that anything has come on the record incriminating petitioner no.2 with the crime. That being the situation, the application for grant of anticipatory bail by petitioner no.2 is allowed. Let petitioner no.2, Ram Shneshth Thakur, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in Bisfi P.S. Case no. 42 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. The application for grant of anticipatory bail on 2 behalf petitioner no.1, Md. Jiya, is rejected. (Barin Ghosh, J.) AAhmad