IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43973 of 2010 1.AMAR PRASAD SINGH, Son of Lalit Kishore Prasad, S.H.O. Naya Ram Nagar, Police Station Naya Ram Nagar, District Munger. 2.MD. ANWAR KHAN, Son of Late Karamat Khan, Circle Inspector Munger Muffasil Circle, Police Station Muffasil, District Munger. …….Petitioner Versus THE STATE OF BIHAR …….Opposite Party ----------- 02/- 14-12-2010 Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. Petitioners are named accused in this official complaint being police officials against whom on application of father of two apprehended persons Misc. Case No. 27 of 2010 was lodged. Undisputedly, on 18.07.2010 two persons, Shahin Raja @ Chintu and Amardeep Sah were apprehended but could be produced in Court only on 21.07.2010. Meanwhile, complaint against the petitioners were lodged by father of one of the apprehended Shahin Raja @ Chintu alleging non-production of his son to the Court and explanation was called which was filed, where in date of arrest appears mentioned 20.07.2010. As submitted it was nothing, but a mistake committed by the persons. In fact, it was the date and time mentioned in the station diary when the apprehended person for the first time could arrive at police station with the authorities concerned, who after apprehending two persons on their extra-judicial confession during investigation move to one to another place to verify their statements and accordingly some recovery etc. were made. The higher authorities of 2 the police also got the matter inquired into and submitted report. Accordingly, the official complaint has been filed against the petitioners mainly due to mentioning the date of arrest 20.07.2010 instead of 18.07.2010 in the show cause submitted by the petitioners. Considering the facts and circumstances of the case and report of D.I.G., vide Annexure-5, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Amar Prasad Singh & Md. Anwar Khan, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Munger in connection with Munger Complaint Case No. 9C2 of 2010, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)