IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8761 of 2010 1. JASIM PAMARI,son of Alamun Pamari 2. Anwar Pamari,son of Md.Tahul Pamari Both are resident of Village-Bundel Khand(Basopatti),P.S.-Basopatti,District- Madhubani. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 21-04-2010 Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioners, Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State as also Mr. Gagandeo Yadav, learned counsel appearing on behalf of the informant. Petitioners apprehend their arrest in connection with Basopatti P.S.Case No.68 of 2004 dated 22-09-2004, registered under Sections 302/120B/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that though petitioners are named in the FIR and there are allegations against them about their participation in the commission of crime in question, but on close of investigation final report (Annexure-2) was submitted against the petitioners and they were not sent up for trial, though charge sheet was submitted against other co-accused persons. The learned Magistrate by order dated 12-01-2009 disagreed with the police report and has taken cognizance against the petitioners also. Learned counsel for the State and learned counsel for the informant have opposed the prayer for anticipatory bail tooth and nail. 2 Be that as it may, in the facts and circumstances of the case and in view of the fact that petitioners were not chare sheeted by the police, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released 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 the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)