IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20749 of 2010 1.VINA CHAUDHARY 2.Vijay Chaudhary 3.Nand Kishore Chaudhary 4.Santosh Chaudhary 5.Dayanand Chaudhary, all son of late kailash Chaudhary 6.Basudeo @ Rabindra Chaudhary, son of late Sugan Chaudhary, All residents of village Rahmat Bigha, P.S. Aungari, Dist. Nalanda …….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Anjani Kr. Advocate For the State : Mr. U.S.P. Singh, A.P.P. ----------------------- 2 23.6.2010 Heard the parties. Petitioners apprehend their arrest in a case instituted for offences under sections 307, 324, 448, 302 and some other allied and minor offences under the Indian Penal Code. According to the FIR vide Annexure-1 there is general and omnibus allegation against all the 17 FIR named accused persons including the petitioners, who all are alleged to have participated in the crime in question as a result of which one Birje Chaudhary, father of the informant died during the course of his treatment in a hospital. It is submitted by learned counsel appearing on behalf of the petitioners that there are case and counter case vide Annexures-1 and 2 respectively and at best the petitioners can be said to be only members of the mob. No specific role has been assigned against the petitioners for causing specific injury either to the deceased or any other persons from the side of prosecution. It is further high lighted that on close of investigation, though charge sheet was submitted against eight FIR named accused persons, but accusations against the petitioners were found to be false and they were not sent up for trial, which is evident from the final form vide Annexure-3. - 2 - Learned magistrate has disagreed with the police report and has taken cognizance against all the accused persons including the petitioners by his order dated 9.3.2010 and as such, the petitioners have reasonable apprehension of their arrest in the present case. Taking into account the fact that the petitioners were not charge-sheeted in the present case, as accusations against them were found to be false, it is directed that in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of Shri Manoj Kumar No. 5 , J.M. Ist Class, Hilsa, Nalanda in Ekangar Sarai P.S.(Aungari) P.S. Case no. 167 of 2007, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman