IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25303 of 2010 SUBIN VERMA & ORS Versus STATE OF BIHAR ----------- 03 27.10.2010 Heard learned counsel for the petitioners Subin Verma, Bubun Shrivastava and Yogendra Prasad in connection with Complaint Case No. 72 of 2008 for the offences punishable under Sections 148, 149 and 302/34 of the I.P.C, pending in the Court of Sub-Divisional Judicial Magistrate, Raxaul at Motihari and also heard learned P.P. for the State. At the very outset learned counsel for the petitioners pointed out that deceased stabbed Jakir Hussain but fortunately the deceased was caught at the spot by local people and he was badly beaten by the local people. He further pointed out that on account of intervention of local people, the deceased was saved at that time and for the aforesaid occurrence two cases i.e. Palanwa P.S. Case No. 20 of 2005 lodged by one Ali Hussain and Palanwa P.S. Case No. 21 of 2005 lodged by A.S.I. of Palanwa police Station were instituted. After institution of the 2 aforesaid two cases the complainant filed a complaint case which was subsequently converted into Palanwa P.S. Case no. 67 of 2005 which was investigated by the police and after due investigation police found the case untrue and submitted final form but the complainant filed a protest petition and on the basis of the aforesaid protest petition the cognizance has been taken. Considering the aforesaid facts and circumstances,this anticipatory bail petition is allowed. Petitioners(Subin Verma, Bubun Shrivastava and Yogendra Prasad) in the event of their arrest or surrender in Complaint Case No. 72 of 2008 shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate Raxaul at Motihari subject to condition as laid down under Section 438(2) of the Cr.P.C. Shahid/Shahzad (Hemant Kumar Srivastava,J.)