IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1101 of 2011 MAHINDRA RABIDAS & ANR. Versus THE STATE OF BIHAR ----------- 2. 07.02.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under Sections 386/34 and 353/34 of the Indian Penal Code. The complainant being the principal of the school has lodged the case against the petitioners and others alleging therein that Shivendra Rabidas and Mahesh Rabidas have pointed the pistol and knife to the complainant and demanded commission money from the sanctioned construction amount. It is also alleged that Rs. 35,000/- was collected by Birendra Rabidas from the complainant. It is submitted by the learned counsel for the petitioners that though it is alleged that they were accomplish of the main accused but there is no specific overt act alleged against the petitioners. Moreover, four days prior to the occurrence other accused of this case, namely, Shivendra Rabidas and Birendra Rabidas have lodged a case being Khaira P.S. Case No. 19 of 2 2010 against the informant of this case. The statement has been made in paragraph no. 17 of the petition that the petitioners have no criminal antecedent. It is also submitted that the petitioners were donors of the school in question. Considering the nature of accusation in the F.I.R. and the fact that the petitioners’ side lodged a case prior to the present complaint, let the petitioners, Mahindra Rabidas and Lakhan Rabidas be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 109C of 2010 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 C.J.M. Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J.)