IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11200 of 2010 1.CHHATRADHARI YADAV 2.RAMDHARI YADAV BOTH SONS OF BALGOVIND YADAV R/O BAGHLA ,P.S. TRIVEIGANJ, DIST. SUPAUL …………PETITIONERS Versus THE STATE OF BIHAR……………………………….O.P. With Cr. Misc. No. 12920 of 2010 1. GAJEDNRA CHAUDHARY SON OF LATE RAMJI CHAUDHARY 2. JAI NANDAN CHOUDHARY SON OF BISHWA NATH CHOUDHARY 3. DIN BANDHU CHOUDHARY SON OF DEVI NANDAN CHOUDHARY 4. JAGESHWAR CHAODHARY SON OF LATE PULKIT CHOUDHARY, ALL ARE R/O VILLAGE BABHANGAMA, P.S. TRIVENIGANJ, DIST. SUPAUL …..PETITIONERS. Versus THE STATE OF BIHAR. …………………………..O.P. ----------- 2 27.4.2010 Both the bail applications have been heard together and, therefore, they are being disposed of by this common order. The petitioners in both the applications apprehend their arrest in connection with Tribeniganj P.S. Case No. 70 of 2002 dated 2.6.2002 registered under sections 302/34 of the Indian penal Code. It is submitted by learned counsels appearing on behalf of the petitioners in both the cases that though there is allegation of participation of the petitioners in the crime in question but during course of invest5igation independent witness did not support the accusation against these petitioners. In that view of the matter on close of investigation police submitted final form only against co-accused Balgobind Yadav and these petitioners were not sent up for trial. The final form has been brought on record by way of annexure-2. However, the learned magistrate disagreed with the police - 2 - report and has taken cognizance against these petitioners also under section 302/34 of the Indian Penal Code by order dated 2.12.2009 (annexure-3) and, therefore, petitioners have reasonable apprehension of their arrest in the aforesaid case. Taking into consideration the aforesaid facts and circumstances particularly the petitioners have not been charge sheeted by the police, let the above named petitioners, in both the applications, in the event of their arrest or surrender in the court below 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 like amount each to the satisfaction of S.D.J.M, Supaul in connection with the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman