IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1911 of 2009 1.Ram Bilash Mahto 2.Gopal Mahto Both sons of Shivjee Mahto 3.Mahesh Mahto son of Mannu Mahto All of village Kharaj, P.S.Khanpur, Dist. Samastipur 4.Awdhesh Mandal, son of Dhanik Mandal of village Barahagama, P.S.Khanpur, Dist. Samastipur------------------petitioners Versus THE STATE OF BIHAR--------------------opp.party ----------- 2. 24.4.2009 Heard learned counsel for the petitioners and learned Additional P.P. for the State. The petitioners pray for anticipatory bail in a case under Sections 379/34 of the IPC. The allegation against the four petitioners is that they have cut and stolen away the dry shisham tree worth Rs.20,000/- of the informant. Learned counsel for the petitioners submits that after investigation the police submitted final form in the case but thereafter learned Chief Judicial Magistrate has taken cognizance for the offence under Sections 379 and 411 of the IPC. It is further submitted that the present case has been filed in retaliation of an earlier FIR lodged by the brother of the petitioner nos. 1 and 2, namely Kamlesh Mahto against the informant and 2 others. It is also submitted that another criminal case for offence under Sections 379 and 411 of the IPC being Khanpur P.S.case no. 132/07 has been filed against the petitioners by the informant and in that case final form was also submitted by the police and also recommended for proceeding under Sections 182 and 211 of the IPC against the informant. On a consideration of the entire facts and circumstances of the case, it is directed that the petitioners, namely, Ram Bilash Mahto, Gopal Mahto, Mahesh Mahto and Awdhesh Mandal, in the event of their arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri V.K.Pandey, Judicial Magistrate, 1st Class, Samastipur, in connection with Khanpur P.S.case no. 101/2007 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ramesh Kumar Datta,J.) spal/