IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.190 of 2011 CHANDO CHOUDHARY & ANR Versus THE STATE OF BIHAR ----------- 02/ 04.02.2011 Heard learned counsel for the petitioners as well as learned P.P. for the State. Petitioners seek their bail in connection with Pakribrawn P.S. Case no.35/2008 registered under sections 341, 323, 324 307 and 504/34 of the IPC. It would appear from perusal of the impugned order that petitioners were granted police bail and subsequently, the police submitted charge sheet under bailable section but the learned Chief Judicial Magistrate took cognizance for the offence under section 307 of the IPC and rejected the bail petition of the petitioners. It is very unfortunate not only on the part of learned CJM but also on the part of the learned Addl. Sessions Judge I, Nawada that both the aforesaid officers were not aware about dictum rendered by this court in several decisions in the aforesaid matter. In view of the aforesaid situation, petitioners, Chando Choudhary and Naresh Choudhary are directed to be released on bail in connection with Pakribrawn P.S. Case no. 35 of 2008 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada. shahid (Hemant Kumar Srivastava,J)