IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34433 of 2010 1.Sukat Paswan, son of Nathuni Paswan 2.Majhali Paswan, son of Sadai Paswan 3.Azad Choudhary, son of Kishun Choudhary All resident of village Padraun, Dewan Tola, P.S. Lauriya, District- West Champaran at Bettiah ………….. Petitioners Versus The State Of Bihar ……………. Opp.Party ----------- 2. 21/12/2010 Heard learned counsel for the petitioners and learned counsel for the State. Case is under sections 147, 379, 411, 353 of the Indian Penal Code. Case was instituted in respect of theft of articles from Lauriya Sugar Mill. It is stated in paragraph 5 of the petition that in the raid of the house of the petitioners, nothing was recovered and the petitioners were not named in the F.I.R. and only because one Moniruddin stated before the Investigating Officer that these petitioners had also indulged in brick-batting, they have been made accused. It is stated that said Moniruddin has named these petitioners only on account of enmity and personal grudge against them. Considering the submissions of learned counsel for the petitioners, petitioners are 2 directed to appear before the court below within four weeks from today. If the court below intends to verify the said statement made on behalf of the petitioners that during search nothing was recovered from their house and they were not named in the F.I.R. and they have been made accused only on the statement of one Moniruddin, the court below will be at liberty to do so. However, in case, for that purpose matter is adjourned, the court below will consider granting interim bail to the petitioner pending verification. If upon verification, statements of the petitioners are found correct, they shall be enlarged 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 Chief Judicial Magistrat,e Bettiah in Lauriya P.S.Case No.121 of 2009, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Pradeep/ ( J. N. Singh,J.)