IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9988 of 2011 1.MAHENDRA YADAV @ MAHADEO YADAV@ Mahendra Prasad Yadav. 2.Yogendra Yadav @ Tufani. Versus THE STATE OF BIHAR ----------- 2. 18.04.2011 Heard learned counsels for the petitioner and the State. The petitioners are apprehending their arrest in a case registered under Sections 302,149,148 & 147 of the Indian Penal Code and Section 27 of Arms Act. Though the petitioner was named in the F.I.R. but during investigation the accusation was found false and the petitioners were not sent up for trial. It appears that initially, the application was filed after examination of 12 witnesses for summoning the petitioners under section 319 of Cr.P.C, which was rejected subsequently after examination of 14 witnesses the application under section 319 of Cr.P.C. was allowed by the Trial Court. Learned counsel for the petitioners, submits that there is no specific accusation of assault against the petitioner. 2 Considering the fact that during investigation the accusation was found false and the evidences which persuaded the trial court to summon the petitioners under section 319 of the Cr.P.C. as an accused , have not been deliberated by learned Sessions Judge, let the above named petitioner, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C. IV, Madhepura in connection with Sessions Trial No.26/2002 arising out of Madhepura P.S.Case 288/2000, subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned trial court will be at liberty to cancel the bail of the petitioners if the petitioners default for three consecutive occasions during the trial. Nitesh (Dinesh Kumar Singh, J.)