IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22054 of 2010 1. Babuddin Ansari s/o Saiyad Miya @ Sayad Hussain 2. Guddu Mian @ Arif Billah s/o Akbar Miya Both resident of village Barhamain Tola Dawanpatti P.S. Uchakagaon Dist. Gopalganj Petitioners Versus STATE OF BIHAR Opp. Party ----------- 02/ 14.07.2010 Learned counsel for the petitioners is permitted to make correction in the prayer portion. Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case initially registered under section 302/34 of the Indian Penal Code but the police submitted final form and the learned Magistrate discharged the petitioners. But at present the petitioners have been summoned under section 319 Cr.P.C. Considering the fact that the police after investigation found the case false against the petitioners and that was accepted by the learned Magistrate which has never been challenged by the informant and now the petitioners have been summoned under section 319 Cr.P.C, let the petitioners in the event of arrest/ surrender within twelve weeks from today be released on bail in connection with Uchakagaon P.S. Case no. 117 of 2008 on furnishing bail bond of Rs 10,000-/ each with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-cum FTC II, Gopalganj in Sessions Trial No. 447 of 2009 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, the learned trial court will be at liberty to cancel the bail of the petitioners if the petitioners substantially in any way try - 2 - to delay the trial or fail to appear on three consecutive dates. shahid (Dinesh Kumar Singh,J))