IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6660 of 2009 1. MOHICHAND SAH 2. Baijnath Sah Both are sons of late Banarasi Sah, residents of village-Teliyari, P.S.-Bhawanipur, District-Purnea-----------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 1.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that for cutting of Seesam tree from the land of canal, seizure list has been prepared against unknown and petitioner no.2 is the witness but petitioners have been made accused. No doubt the seizure list shows in column of accused unknown and petitioner no.2 in the seizure list a witness but F.I.R. is clear enough that petitioners have been found responsible for cutting the trees and wood was being loaded on a tractor. So, irregularity, if could affect the merit of the case, is not to be considered at this stage. Nature of the allegation if entitles petitioners to bail that can be well taken into consideration by the court where the case is pending. So, petitioners are directed to surrender in the court below, i.e. Sri B.K. Mishra, Judicial Magistrate, Ist Class, Purnea, within a period of one month from today and seek a regular bail which shall be decided on its own merit considering the nature of the allegation if entitles them for bail. Prayer for anticipatory bail is rejected. Sudip ( Mandhata Singh, J )