IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38005 of 2010 1. SUMIT DAS 2. AMIT DAS 3. SUMAN DAS 4. SAMAR RAI 5. BANKIM DAS ---------------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 19.11.2010 Heard learned counsel for the parties. One Barun Ghosh was arrested, he was rescued by nine named accused and near about 100 unknown persons after causing assault to police officials including informant, mobile was snatched, Uniform was torn, Rifle of Police Officials was snatched though was recovered but submission is that petitioners’ name appeared after 16 months of the incident named by some witnesses is doubted as act of Police Officials further goes to show that there was no specific overt act of these petitioners if really they were with mob. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten 2 thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Abadpur P.S. Case No. 70/2008, till submission of charge sheet, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)