IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16745 of 2011 1.Ashok Kumar Rai @ Ashok Rai 2.Kashi Rai 3.Kishori Rai 4.Hira Rai Versus The State Of Bihar ----------- 2 27.06.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code. Since, the petitioner no.3 has been arrested his application for anticipatory bail has become infructuous. So far as petitioner nos. 1, 2 and 4 are concerned, the case was initially, registered under Section 302 and 120B/34 when the petitioner was named. The police did not send up the petitioners for trial, the petitioners have been summoned under Section 319 of the Cr.P.C on the basis of the evidence adduced during the trial. Considering the fact that the accusation was not found true during investigation, let the above 2 named petitioner nos. 1, 2 and 4, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 F.T.C. Vth, Saran at Chapra in connection with Bheldi P.S. Case No. 19/07, Tr. No. 614 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. The learned court below will positively cancel the bail of the petitioners if the they fail to appear during trial for three consecutive occasions. Amrendra/- ( Dinesh Kumar Singh, J.)