IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36144 of 2009 1. MANNU YADAV @ MUNAI YADAV SON OF NEVA YADAV 2. RANI DEVI W/O MANNU YADAV 3. ARUN KUMAR MAHTO S/O YADU MAHTO 4. KRISHNADEO MAHTO S/O JHINGUR MAHTO ALL RESIDENT OF VILLAGE – AADITYADIH, P.S. MADHEPUR, DISTT. MADHUBANI. -------- PETITIONERS. Versus STATE OF BIHAR ----------- 2. 11/12/2009 Heard the parties. The petitioners are apprehending their arrest in a case under Sections 342, 379 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that although the case was instituted in the year 1994, summons was never served on him. Referring to Annexure-3, which is a copy of the report of the Process Server dated 5.10.2005, it would appear that the Process Server in fact did not serve summon on the petitioners. The learned Sessions Judge is directed to ascertain this fact from the records of this case and thereafter, if he finds it correct, the petitioner above named is directed to be released on anticipatory bail in the event of their arrest or surrender in the court below within a period of six weeks on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sarbjeet, Judicial Magistrate, Jhanjharpur, in connection with C. R. No. 620 of 1994 2 corresponding to T.R. No. 1264 of 2009 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. S.Ali (Sheema Ali Khan, J.)