IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1344 of 2008 DIP NARAIN YADAV & ORS Versus THE STATE OF BIHAR ----------- 2 13.05.2008 Heard the learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in connection with Falka P.S.Case No. 50 of 2005 registered for the offence under sections 324/326/307/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted on behalf of the petitioners that on perusal of the allegations levelled in the first information report, it would appear that there is absolutely no allegation against these petitioners of causing any assault nor there is any allegation for offence under section 27 of the Arms Act. It is further submitted that the only allegation against these petitioners is that on their instigation the alleged offence was committed. It is also submitted that on perusal of the final report submitted by the police as contained in Annexure-2, it would appear that upon investigation the police found these petitioners to be innocent, however the learned Chief Judicial Magistrate deferred and took cognizance of the offence, as stated in paragraph-5 of the petition. Considering the submissions as noticed above, the allegations levelled in the first information report and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks, the petitioners namely, Dip Narain Yadav, Vishwanath Yadav & Manoj Yadav be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two 2 sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Katihar, in connection with Falka P.S.Case No. 50 of 2005 on the conditions mentioned in sub section (2) of section 438 of the Code of Criminal Procedure, 1973. Manish/- ( Shailesh Kumar Sinha,J.)