IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15779 of 2009 1. LALBABU SINGH 2. Rajeev Kumar Versus The STATE OF BIHAR ------ 2/ 06.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. In the case, there is allegation of snatching of cash, nokia mobile and firing for causing assault constituting offence under Section 308 of I.P.C. but firing did not hit anyone. Petitioner no.1 is alleged for nokia mobile but there is no recovery of the same. Apparently, from the F.I.R., it transpired that two groups were running on the point of confidence or no confidence of Up-Mukhiya for which only petitioners along with others have been alleged for the occurrence, which in reality did not take place. Further, submission is that in any case, petitioner’s arrest at the moment cannot be justified. I agree with the submission of the learned counsel. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Pakaridayal P.S. Case No. 50 of 2008, above named petitioner shall 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 Sub-Divisional Judicial Magistrate, Sikrahna, East Champaran at Motihari subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)