IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.471 of 2009 1. Upendra Tiwari son of Sri Triguna Tiwari 2. Mithlesh Tiwari son of Sri Triguna Tiwari Both resident of village Pirari P.S. Derni Dist. Saran(Chapra) Petitioners Versus THE STATE OF BIHAR Opposite party ---------- 02 24.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 395,397 and 412 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 (Upendra Tiwari) has already been arrested. Hence he withdraws this petition for anticipatory bail with regard to petitioner no.1 and presses this petition only with regard to petitioner no.2 Mithlesh Tiwari. Learned counsel for the petitioners submits that during further examination the informant did not name petitioner no. 2 nor any other victim has named him and only with respect to the village enmity Ashok Mishra has taken the name of the petitioner as there is long standing dispute between the family of both the parties. He further submits that petitioner no. 2 has no criminal antecedent. Considering the facts and circumstances of the case as well as arguments of the parties, this petition is allowed. In case of surrender/ arrest within fifteen days from the date of receipt of a - 2 - copy of this court in the court below, petitioner no.2, namely, Mithlesh Tiwari, shall be enlarged on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran, Chapra in Derni P.S. Case no. 03 of 2005 subject to the condition under section 438(2) of the Code of Criminal Procedure. shahid (S.N.Hussain, J)