IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6140 of 2009 1. MD.MUMTAZ 2. RAHAMTULLA @ MD. RAHAMTULLA 3. MD. NURUL 4. MD. KALAM @ ABDUL KALAM 5. MD. DAUD @ SK. DAUD Versus 1. THE STATE OF BIHAR 2. MD. MAKSUD ----------- 2/ 25/05/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a complaint case under Sections- 436, 147, 148, 323, 341, 342, 384 and 386 of I.P.C. It is submitted that the complainant himself was made an accused in Motipur P.S. Case No.49/08 lodged on 3.4.2008 under Section-436 of I.P.C. by one Md. Mazoor. He is himself evading the law in that case. Subsequently he has filed the present complaint as a defence. The submission is that the court below had called for a police report on the complaint which has been submitted on 23.12.2008 that the allegations were not true. The police report finds no mention in the impugned order of the court below dated 9.1.2009. This application is, therefore, disposed with the observation that if the petitioners above named appear before the court below within four weeks, the 2 court below shall verify from its records the availability of the police report dated 23.12.2008. In the event of availability of the same, the court below shall proceed to enlarge the petitioners on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, (West) Muzaffarpur in connection with Complaint Case No.C430 of 2008. If, however, there is no such report on record, this application shall be deemed to be rejected when the petitioners shall be taken into custody. KC ( Navin Sinha, J.)