IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21267 of 2008 ------- ANIL KUMAR CHOUDHARY & ORS Versus STATE OF BIHAR ----------- 3. 25.7.2008 It is submitted that petitioner no.5 Md. Saidur Rahman @ Saidur Rahman has been arrested during the pendency of this application and as such this application, as against him, has become infructuous. Accordingly, this application as against petitioner no.5 is dismissed as infructuous. Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Falka (Pothia) P.S. Case No.48/08 for the alleged offences registered under sections 406 and 420 of the Indian Penal Code. It is submitted on behalf of the petitioners that on perusal of the allegations made in the First Information Report, it would appear that the specific allegation is against petitioner no.1 of receiving money and not against petitioners no.2, 3 and 4. The learned counsel appearing on 2 behalf of the State on perusal of the case diary is not in a position to refute the submissions made on behalf of the petitioners. Considering the submissions, as noticed above, and on perusal of the materials brought on the record, it is directed that petitioner no.2, Beda Nand Yadav, petitioner no.3, Kishore Yadav @ Kishore Kumar Yadav and petitioner no.4 Manoj Kumar Mandal, in the event of their arrest or surrender in connection with Falka (Pothia) P.S. Case No.48/08, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. Considering the nature of allegation levelled against petitioner no.1 Anil Kumar Choudhary, the prayer for anticipatory bail made on his behalf is rejected. PNM (Shailesh Kumar Sinha, J.)