IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23689 of 2009 1. FIROJ MIAN @ FIROJ KHAN 2. RAHMULLAH MIAN MISTRI @ RAHAMTULLAH MISTRI @ BARAIMULAH MIAN MISTRI. Versus STATE OF BIHAR ----------- 2 17.09.2009 Heard both sides. Petitioners seek anticipatory bail in a case instituted under Sections 323, 354, 379 and 504/34 of the Penal Code. It is submitted that initially the case was instituted under Sections 354 and 379 of the Penal Code. Having regard to the allegations, the learned court below, on their surrendering, granted them bail. They continued on bail. Subsequently the charge sheet has been submitted under diverse Sections of the Penal Code including Sections 376/511 of the Penal Code, hence the apprehension. Considering the fact that petitioners were earlier granted the privilege of bail by the court below itself and there is no allegation of misused thereof, this court is persuaded to extend them the privilege of anticipatory bail. Let petitioners, above named,, in the event of arrest or surrender before the court below within a period of 04 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM Bagaha, West Champaran in connection with Ramnagar P.S. Case no. 209/2006 subject to the conditions as 2 laid down under Section 438(2) of the Cr.P.C. It is made clear that one of the bailors should be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)