IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44157 OF 2010 1. SRI NIWAS DUBEY, SON OF LATE CHANDRAMA DUBEY 2. AVINASH DUBEY, SON OF SHRI NIWAS DUBEY 3. SURENDRA RAI, SON OF SHEO DARAS RAI ALL RESIDENT OF VILLAGE TILATH, POLICE STATION PIRO, DISTRICT BHOJPUR ………………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 26/03/2011 Counsel for the petitioners submits that during the pendency of this application, petitioner no. 1, namely, Sri Niwas Dubey has been arrested and therefore, he seeks permission to withdraw this application so far as the petitioner no. 1 is concered. The prayer is allowed. This application is dismissed as withdrawn so far as petitioner no. 1, namely, Sir Niwas Dubey is concered. Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 302, 201 and 34 of the Indian Penal Code. The date of occurrence is 28.07.2005 and after five years of the alleged occurrence on 03.07.2010, the First Information Report has been lodged alleging that the son of the informant was taken away by one Congress Yadav and there after he has disappeared and has not returned back. 2 Counsel for the petitioners submits that the case has been lodged belatedly and is malafide which would be apparent from the delay. If in fact, the son of the informant has disappeared, then the informant should have taken action immediately against the suspected persons. Be that as it may, the above named petitioners 2 and 3 are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of six weeks from today in Charpokhari Police Station Case No. 105 of 2010 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara. Anand ( Sheema Ali Khan, J. )