IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10851 of 2010 SANTOSH UPADHYAY @ SANTOSH KUMAR UPADHYAY, SON OF BRAJ BILASH UPADHYAY, RESIDENT OF VILLAGE-PIPRA, MAHARAJGANJ, POLICE STATION-TILAUTHU, DISTRICT- ROHTAS……………………………………………………PETITIONER. Versus THE STATE OF BIHAR…………………………….OPPOSITE PARTY. --------- For the Petitioner : M/s. K.N. Choubey, Senior Advocate, Ambuj Nayan Choubey, Siddharth Harsh and Gopal Swaroop Dubey, Advocates. For the State : Mr. U.S.P. Singh, A.P.P. ------- with Cr.Misc. No.12918 of 2010 ANIL CHAUDHARY, SON OF LATE MAHENDRA CHAUDHARY, RESIDENT OF VILLAGE-PIPRA, MAHARAJGANJ, P.S. TILAUTHU, DISTRICT-ROHTAS (SASARAM)………PETITIONER. Versus THE STATE OF BIHAR…………………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Sanjay Kumar alias Manu, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. -------- 2. 7.4.2010. Both cases arise out of the same Complaint Case No.934 of 2007, thus, they have been heard together and are being disposed of by this common order. 2 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 436/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that initially F.I.R. was lodged with regard to the alleged occurrence and since the case was not found to be true, final form had been submitted by the police. However, upon filing of protest petition by the complainant, cognizance had been taken against the petitioners. The petitioner, Santosh Upadhyay @ Santosh Kumar Upadhyay (in Criminal Misc. No.10851 of 2010) is stated to be in custody since 25.2.2010 and the petitioner, Anil Chaudhary (in Criminal Misc. No.12918 of 2010) since 30.3.2010. It is also contended that one of the co- accused, Rahul Upadhyay, who is on similar footing to that of the petitioners, had alredy been granted bail by a Bench of this Court vide order dated 5.3.2010 passed in Criminal Misc. No.7250 of 2010. Learned counsel for the petitioners produces the certified copy of the aforesaid order. Let it be kept on record. Having regard to the facts and the circumstances of the case, the petitioner, Santosh Upadhyay @ Santosh Kumar 3 Upadhyay (in Criminal Misc. No.10851 of 2010) and the petitioner, Anil Chaudhary (in Criminal Misc. No.12918 of 2010) are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Ashish Mishra, Judicial Magistrate, Ist Class, Rohtas at Sasaram, in connection with Complaint Case No.934 of 2007/Tr. No.1827 of 2008. P.S. (Dr. Ravi Ranjan, J)