IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34303 of 2011 ====================================================== 1. Md. Ehtesham Hassan @ Guddu Mukhiya @ Guddu, son of Md. Mansur Jma @ Mansur Alam. 2. Md. Momtaz Hassan @ Sanju, son of Mansur Jama, both are resident of village-Maulana Dih, Police Station Rajgir Mufassil, Chhabilapur, District-Nalanda. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Bhola Prasad, Advocate with Mr. Raj Kishore Prasad, Advocate For the Opposite Party : Mr. Ram Anurag Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 13-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 302/149 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act. Learned counsel for the petitioners submits that though the petitioners have named in the First Information Report as accused, but on close of investigation accusations against them were found to be false. They have not been sent up for trial vide charge-sheet dated 30.06.2011 (Annexure-2). It is further submitted that by disagreeing with the final form, learned Judicial Magistrate has taken cognizance against the petitioners also besides other charge- sheeted accused persons. Hence the present anticipatory bail application. Learned counsel for the State has not disputed the aforesaid factual position. In the aforesaid facts and circumstances, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each in connection with Rajgir (Chhabilapur) P.S. Case No. 36 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Devendra /- (Birendra Prasad Verma, J)