IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49293 of 2008 1. KRISHNA MAHTO 2. Chotu Mahto Versus STATE OF BIHAR ----------- 2. 10.12.2008 Heard Mr. S.K. Sharma, Learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The petitioners are in custody in a case under section 328 of the Indian Penal Code. It may appear from an order passed by Sri R.R. Mishra, Judicial Magistrate, Ist Class, Nawada, on 8.11.2006 that the petitioners were granted provisional bail by the Addl. Sessions Judge,-III for a particular period and it was extended also once or twice but subsequently the learned Judge did not extend the period and, as such, the petitioners had to surrender in the court below. Learned F.T.C.-III, Nawada merely mentioned that the prayer for bail earlier made by the petitioners was rejected by the 3rd Addl. Sessions Judge. Regard being had to the fact that the petitioners were admitted to provisional bail by the court below itself, let petitioners named above be released on bail on furnishing bail bond of Rs.3,000/- (Three thousand) each with two sureties of the like amount each to the satisfaction of Sri R.R. Mishra, Ist Class, Judicial Magistrate, Nawada, in connection with Pakribarawan P.S. case no.2 of 2005. sudip ( Dharnidhar Jha,J )