IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.602 of 2010 1. CHANDRA PRAKASH SHUKLA,son of Premchandra Shukla 2. Prem Chandra Shukla,son of late Baman Shukla Versus THE STATE OF BIHAR ----------- 03/ 05-04-2010 Heard Mr. Raghav Prasad, learned counsel appearing for the petitioners, Mr. Shalendra Kumar Dwivedi, learned counsel appearing for the informant and also Mrs. Anuradha Singh, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Uchkagaon P.S.Case No.158/2008 dated 22-12-2008, registered under Sections 147/148/149/323/324/307/379/504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that according to prosecution case petitioner no.1 is alleged to have assaulted the informant by Farsa on his head, but that was thwarted by him causing injury in his both hands. Though there is no specific allegation of assault against petitioner no.2, but he allegedly snatched one golden ring costing about rupees eighteen thousand. He further submitted that the injury report of the informant does not support the prosecution allegation against petitioner no.1 as all the injuries sustained by him were found to have caused by a hard and blunt substance. On close of investigation, police submitted final form vide Annexure-2 against other co-accused persons, but the petitioners were found innocent and were not sent up for trial. The learned Magistrate by disagreeing with the police report has taken cognizance against the 2 petitioners also besides other accused persons and, therefore, they have reasonable apprehension of arrest in the present case. Learned counsel for the State as also learned counsel for the informant have opposed the prayer made on behalf of the petitioners for anticipatory bail and they have pointed out that there are ample materials to show participation of the petitioners for committing the crime in question, but they have not disputed the fact that the petitioners were not sent up for trial on close of investigation. In the aforesaid back ground, 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, Gopalganj, 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.)