IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12601 of 2010 1.CHANDRAMA SINGH 2.Banarasi Singh @ Ajit Kumar Singh……Petitioners. Versus STATE OF BIHAR Opposite party. ----------- For the petitioners. : Mr. Lokesh Kumkar Singh, Advocate. For the State : Mr. Jitendra Kr. Singh, A.P.P. ------------ 2 14.5.2010 Heard the parties. In a criminal prosecution instituted for offences under sections 452, 386 and some other minor and bailable offences of the I.P.C. all together five persons including the petitioners are named in the FIR as accused. There is allegation of assault to the grand son of the informant by fists and slaps and accused persons are also alleged to have taken away the mobile phone and Rs. 3, 00,000/- kept there in a bag. It is submitted by learned counsel for the petitioners that during the course of investigation independent witness did not support the allegation against the petitioners and other accused persons. Consequently on close of investigation police submitted final report and petitioners were not charge sheeted in that case. However, learned Magistrate disagreed with the police report and has taken cognizance against the petitioners and other accused persons. It is also submitted that co-accused Amar Singh and co- accused Tuntun Singh as also co-accused Bansh Narayan Singh have already been granted anticipatory bail by an order dated 1.10.2008 passed in Cr. Misc. No. 32621 of 2008 and order dated 24.8.2009 passed in Cr. Misc. No. 26638 of 2009 respectively. Taking into consideration the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within a period of four - 2 - weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Kaimur at Bhabhua in connection with Mohania P.S. Case no. 312 of 2007, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman