IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12295 of 2009 1. ALLAUDDIN @ GUDDU,s/o Tabarak Hussain, resident of village-Chandsaraiya,P.S.- Pipra Kothi,Dist.-East Champaran 2. Afroz Alam @ Sintu, s/o Md. Musa,resident of village-Watganj,P.S.-Piprakothi,Dist.- East Champaran. Versus STATE OF BIHAR ----------- 02/ 22-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that petitioners are not named in the FIR. Final form showing no accusation against any one was submitted but cognizance has been taken against the petitioners also basing the confession made by a co- accused before the police, which never can be made a ground for petitioners’ arrest at the moment. I agree with the same. In case of arrest or surrender within one month from today in Motihari Town P.S.Case No.145/2004, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Shri Md. Sagir Alam, Judicial Magistrate, Ist Class, Motihari, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )