IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.441 of 2011 1. AJAJUL GADDI @ JAZUL GADDI. 2. Nasiruddin Gaddi @ Nasaruddin Gaddi Both sons of Late Saheb Gaddi, and both residents of village – Pachamwa, P.S. – Shikarpur, District – West Champaran. ................... Petitioners. Versus THE STATE OF BIHAR .................. Opp. Party. ----------- 02/ 19.01.2011 Heard. This is a petition for anticipatory bail for offence under Sections 147, 148, 149, 323, 324, 307, 302, 364, 452 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioners were not sent up for trial and the charge sheet not submitted against the petitioners and even the petitioners were not summoned at the time of taking cognizance. However, the petitioners have summoned under Section 319 of the Cr.P.C. and only evidence against the petitioners is the evidence of P.W. 1 and 2 attributing the role of the petitioners along with the other persons in firing. In paragraph 3 and 4 of the statement of P.W. 1 as well as in the statement of P.W. 2 and 3 only the names of the petitioners have come without attributing any 2 role. Hence, having regard to the fact and circumstance, the petitioners, above named, are released on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court – V, West Champaran, Bettiah in connection with Sessions Trial No. 304 of 2006 arising out of Sahodara Police Station Case No. 35 of 2001, subject to the conditions mentioned in Section 438 (2) of the Cr.P.C. Kundan (Gopal Prasad, J.)