IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21490 of 2010 1. KRANTI MANDAL, S/o Upendra Mandal 2. Santosh Mandal, S/o Late Rampravesh Mandal Both residents of Village - Dakra Satkhajuria, P.S.-Naya Ram Nagar(Safiabad), District- Munger. …….. Petitioners. Versus THE STATE OF BIHAR …………. Opposite Party. 2. 12-07-2010 Both the petitioners are apprehending their arrest in a case registered under sections 302/34 IPC. It is alleged against the petitioners and others that they assaulted the victim as well as his brother by Lathi. From the impugned order, it appears that the witnesses have deposed that petitioners were not present at the place of occurrence. Further, post-mortem as well as inquest reports suggest that there was no external injury on the person of the victim as it is apparent from the impugned order itself. Subsequently, police submitted final form treating the case against petitioners as false and a statement to that effect has been made in the petition, but subsequently learned Chief Judicial Magistrate, Munger vide order dated 6.11.2009 took cognizance under section 304 IPC against the petitioners also. The said order is brought on record as Annexure-2, but it is not a complete order, later on certified copy of the order has been filed by the learned counsel for the petitioners. Let it be kept on record. Learned counsel for the state submits that petitioners were named in the F.I.R. and now the cognizance has been taken against them. Considering the fact that no injury has been found either - 2 - in the post-mortem or in the inquest reports and the police submitted final form against the petitioners, let petitioners above named are directed to be released on anticipatory bail in the event of their arrest and/or surrender before the court below within a period of 12 weeks from today, on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Naya Ram Nagar P.S. Case No. 23/2009. Sujit (Dinesh Kumar Singh, J.)