IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23975 of 2010 SURENDRA BAITHA & ORS Versus STATE OF BIHAR ----------- 02. 28.07.2010 Petitioners are apprehending their arrest in a case in which cognizance has been taken under Section 452, 376/511, 435, 323 of the I.P.C. It is submitted by learned counsel for the petitioners that subsequently the order of cognizance came to be challenged in revision and the Revisional Court modified the cognizance order under Section 376/511 to 354 I.P.C. which is bailable, however order of cognizance under Section 435 I.P.C. has been modified into Section 436 I.P.C. Though there is allegation against the petitioner No. 2 of litting fire but no material has been brought on record to suggest that anything has been destroyed and above all other similarly situated accused persons have been granted bail vide Cr. Misc. No. 32068 of 2009 contained in Annexure-2. It is further submitted that petitioners side lodged Garkha P.S. Case No. 78 of 2007 contained in Annexure-5 under Sections 341, 323, 324, 379, 511/34 I.P.C in which the brother of the complainant is an accused whereas the witness Nos. 1 and 3 of the 2 present complaint are also accused in the said case and in retaliation to that the present case has been lodged. Considering the aforesaid submissions, let the petitioners namely 1. Surendra Baitha 2. Ranjit Rai 3. Ramesh Rai, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ist Class, Saran at Chapra in connection with Complaint Case No. 1404 of 2007 UT Case No. 335 of 2008. Shageer ( Dinesh Kumar Singh, J.)