IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10874 of 2010 1. RANGLAL BAITHA,son of Bhulli Baitha. 2. Jata Shankar Baitha,son of Ranglal Baitha. Both are residents of village-Bairiya Tiwari Tola,P.S.-Bairiya,District-West Champaran. .. Petitioners. Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 21-04-2010 Heard learned counsel for the petitioners. No body appears on behalf of the State despite repeated calls. Petitioners apprehend their arrest in connection with Bairiya P.S. Case No.34/2009 dated 15-02-2009, registered under Sections 25(1-B) a/26/35 of the Arms Act. It is submitted by the learned counsel for the petitioners that originally petitioner no.1 lodged Bairiya P.S.Case No.64 of 2008 dated 25-05-2008 under Sections 25(1-B)a/26/35 of the Arms Act against one Diljan Mian and Noor Alam and the aforesaid FIR has been annexed as Annexure-2 to this petition. During course of investigation of the aforesaid case, petitioner no.1 filed a protest petition in the court of the learned Chief Judicial Magistrate making certain allegation against the Investigating officer and stating therein that the statement of witnesses are not recorded by the Investigating officer properly and that protest petition has been brought on record vide Annexure-3. On close of investigation of the criminal case filed by petitioner no.1, police submitted Final Report No.109 of 2008 dated 31-07-2008 vide Annexure-4 and, therefore, the FIR named accused persons were not charge sheeted. Subsequently, on the basis of the same facts, 2 which was originally disclosed by petitioner no.1, the present FIR (Annexure-1) was lodged by the Sub-Inspector of Police, in which petitioner no.1 and his son Jatashankar Baitha i.e. petitioner no.2 have been arrayed in the category of accused. It is highlighted by the learned counsel for the petitioners that since a petition was filed in the court of the Chief Judicial Magistrate making certain allegation against the police, therefore, in retaliation, the present case has been filed and the entire allegation is baseless and false. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to the further condition that : (a)one of the bailors must be a Government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. AH/ ( Birendra Prasad Verma, J.)