IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35679 of 2011 1. Ishwar Paswan, S/o Late Mahabir Paswan 2. Gulten Paswan, S/o Lage Ganga Paswan Versus The State Of Bihar ----------- 2. 24.10.2011 The petitioners seek anticipatory bail as they apprehend their arrest in Nautan (Jagdishpur) P.S. Case No. 122/2011 for the offences alleged under Sections 341, 333, 353, 337, 338 & 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, which is evident from the fact that the First Information Report has been lodged after about 19 hours of the alleged occurrence, even though that the concerned police station is only 1 k.m. away from the alleged place of occurrence and nothing objectionable has been recovered from the houses of the petitioners and that no injury report has also been brought on record to show that any injury has been caused to the members of the raiding party much less to the constable, Baidnath Ram, who specifically said to have been injured. Moreso, there is no overt act alleged against the petitioner no. 1 and as regards petitioner no.2, it is only alleged that he raised the alarm. The allegation of misbehavior, if at all, is against the unknown persons of the village. Considering the fact that nothing objectionable has been recovered from the petitioners and in absence of the injury report on record, it is directed that in the event of their arrest or surrender before the court below within six weeks from the date of production/ receipt of a copy of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 122/2011, subject to the condition laid down under Section 438(2) Cr.P.C. Fahad. ( Vikash Jain, J. )