IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13095 of 2011 1. SHANKAR RAI @ SHANKAR PRASAD RAI. 2. KRISHNA KUMAR RAI @ KRISHNA RAI. Versus THE STATE OF BIHAR ----------- 02 09.05.2011 Heard learned counsels for the petitioners and the State. Petitioners are apprehending their arrest in a case registered under Sections 364, 302, 201/ 34 of the Indian Penal Code. The specific accusation against the three F.I.R. named persons is of abducting and killing the informant. The F.I.R. was instituted in 2004 when the petitioners were not named, thereafter the protest petition was filed by the informant in that also the petitioners were not named. Subsequently on 27.07.2004 the second protest petition was filed in which petitioners were named. During investigation the accusation was found false and the same final form was submitted but on protest the cognizance has been taken in 2008 but it is submitted that petitioners were not aware about the issuance of summons. It is submitted by the learned counsel for the informant that in the second protest petition the petitioners were named as suspect. Considering the fact that there is specific accusation against the F.I.R. named accused persons and during investigation the accusation was found false, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail 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 Judicial Magistrate, 1st Class, Bhojpur, Ara, in connection with Barhara P.S. Case No. 71 of 2004, subject to conditions as laid down under Section 438(2) of Cr.P.C. Let the learned court below will be at liberty to cancel the bail of the petitioners, if petitioners default for three consecutive occasions during trial. Safik ( Dinesh Kumar Singh, J.)