IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19231 of 2008 SHIV NATH RAI & ANR Versus THE STATE OF BIHAR ----------- 4. 17.9.2008 As prayed for, the learned counsel for the petitioners is permitted to make necessary correction of date in paragraph 5 of the petition. Heard Mr. Ganesh Prasad Singh, learned Senior Counsel appearing for the petitioners and the State. The petitioners are apprehending their arrest in connection with Amnaur (Bheldi) P.S. Case No.11/99 for the alleged offences registered under sections 149 and 302 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioners that although the petitioners are named accused, but after investigation the police did not find any material against them and as such they were not chargesheeted. However, the learned Chief Judicial Magistrate differed and took cognizance against the petitioners after more than five years of submission of the chargesheet. It is further 2 submitted that the petitioners have no criminal antecedents. The learned APP appearing for the State opposes the prayer for bail. Considering the above, let petitioner no.1 Shiv Nath Rai and petitioner no.2 Vinay Kumar Rai, in the event of their arrest or surrender in connection with Amnaur (Bheldi) P.S. Case No.11/99, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)