IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6855 of 2009 1. TAWARAK ASH @ TABARAK SAH,son of late Rahman Sah. 2. Md.Moslam Sah,son of Md. Abbas Sah. 3. Daud Sah,son of late Rahman Sah. All resident of village-Bhutahi,P.S, Sonebarsa,District-Sitamarhi. Versus THE STATE OF BIHAR ----------- For the Petitioner:Mr.Pushpendra Kr.Singh, Advocate. For the Informant :Mr.Mahendra Thakur, Advocate. For the State :Mr.Rajesh Kumar,A.P.P ____________ 02/ 01-04-2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. Submission of the learned counsel for the petitioners is that the petitioners were named in the FIR but not sent up for trial. Only three co-accused persons were charge sheeted, who are facing trial but in that course only summon has been issued. Charge sheeted accused persons have already been allowed bail, so, petitioners arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Sessions Trial No.587 of 2007, arising out of Sonbarsa P.S.Case No.25 of 2007, 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 the A.D.J.-F.T.C.-V, Sitamarhi, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )