IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10363 of 2011 1. Garbhu Mahto, son of Phudi Mahto. 2. Boyelal Mahto, son of Garbhu Mahto. 3. Gunesh Mahto, son of Garbhu Mahto. 4. Khaltu Mahto, son of Garbhu Mahto. 5. Baiju Mahto, son of Biltu Mahto. All residents of Village- Babh. At present Village Dera Simana Musahari, P.S. Alauli, District- Khataria……………………………….Petitioners. Versus THE STATE OF BIHAR……………………………..…………………Opposite Party. ----------- 2. 21.04.2011. Heard the learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323,324, 307, 447, 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that petitioner nos. 1, 2 and 5, above named, were on police bail. In that view of the matter, this anticipatory bail application on behalf of petitioner nos. 1, 2 and 5, above named, is not maintainable. Let the learned court below pass appropriate order with regard to regular bail of the petitioner nos. 1, 2 and 5, above named, in view of ratio laid down in the case of Mahendra 2 Prasad Singh Vs. The State of Bihar reported in 2004(3) P.L.J.R. 491. So far petitioner nos. 3 and 4 are concerned, the accusation was found false and they were not sent up for trial. Considering the aforesaid facts, let the petitioner nos. 3 and 4, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Alauli P.S. Case No. 140 of 2010 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 C.J.M. Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)