IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23478 of 2009 1. NAWAL PAL 2. Padarath Pal, both sons of late Firangi Pal, resident of village-Kauakole, P.S.- Sialo, District-Nalanda. Versus STATE OF BIHAR ----------- 2 31.07.2009 Heard both the sides. Petitioners seeks a bail in a case instituted under diverse sections of the Indian Penal Code including Section 436 . The allegation as per F.I.R. is that petitioner No.1 sprinkled K.oil on the thatched house of the informant and thereafter petitioner No.2 set the said house on fie. Counsel for the petitioners submits that the police investigated the case and ultimately the petitioners were sent up for trial under Section 435/34 I.P.C. Allegation of theft initially made in the F.I.R., was not found substantiated. Accordingly, petitioners were enjoying police bail. Subsequently, the Court has taken cognizance under Section 436/34 I.P.C. Counsel for the petitioners relying upon the judgment in the case of Mahendra Prasad Singh versus State of Bihar reported in 2004 (3) PLJR 491, submits that once the 2 petitioners were granted privilege of police bail, their bail bonds should not have been cancelled. in the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K. Singh, learned Judicial Magistrate 1st Class, Biharsharif, Nalanda in connection with Silao P.S. Case No. 39 of 2005. Bibhash (Kishore K. Mandal, J.)