IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9332 of 2009 1. ARUN RAI @ ARUN KUMAR 2. Ashok Rai @ Ashok Kumar 3. Ajay Kumar Rai @ Ajay Kumar 4. Vinay Kumar Rai @ Vinay Kumar All sons of Satya Narayan Prasad. 5. Guru Rai, S/o-Deo Narayan Prasad @ Deo Narayan Prasad Rai. All resident of village- Bhawanipur,P.S.-Hathouri,District- Muzaffarpur. Versus STATE OF BIHAR ----------- 02/ 13-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that some incident took place in the year 1996, in which deceased of the case, namely Kishundeo Sahni was killed, that was informed to the police, matter investigated and final form submitted, that was accepted also. Thereafter a protest-cum-complaint was filed on behalf of the complainant, that was dismissed, complainant approached this Court. Some direction was made and thereafter cognizance was taken. Basing which, according to the learned counsel, petitioners arrest cannot be justified at the moment. I agree with the same. In case of arrest or surrender within one month from today in Tr.No.2952/2008, arising out of Complaint Case No.2680/2003, 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 Sri Sandeep Mishra, Judicial Magistrate, Ist Class, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )