IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33194 of 2010 SATRAIT UPADHYAY & ANR Versus STATE OF BIHAR ----------- 02/ 2.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State. It would appear from record that originally, the informant filed complaint case which was converted into Mairwa P.S. Case no. 119/2008 under section 302 IPC. The prosecution story took place in two parts. Firstly, it is alleged that accused Bimlendu Choubey and others assaulted the informant’s mother with lathi and Danta and subsequently, it is alleged that petitioner took informant’s mother from hospital and after that she was murdered. Admittedly, co-accused Bimlendu Choubey and others have already been granted anticipatory bail by a bench of this court vide order dated 20.8.2010 passed in Cr. Misc. no. 26208 of 2010 which is evident form paragraph 9 of the bail petition. In the aforesaid circumstances, this anticipatory bail is allowed and it is ordered that the petitioners( Satrajit Upadhyay and Nirbhay Shankar Upadhyay) in the event of arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Mairwa P.S. Case no. 119 of 2008 on furnishing bail bond of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J)) 2