IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9270 of 2011 1. SANJAY SAH SON OF BISHWANATH SAH. 2. ASHOK YADAV @ ASHOK SAH SON OF MOHILAL YADAV. 3. NIRBHAY YADAV SON OF MOHILAL YADAV. 4. RAM NARAYAN YADAV SON OF LATE RAM BRIKSHA YADAV. Versus THE STATE OF BIHAR ----------- 2 08.04.2011 Heard learned counsels for the petitioners and the State. Learned counsel for the petitioners permitted to make necessary correction in the prayer portion. The petitioners are apprehending their arrest in a case registered under Sections 341, 324, 307, 285, 335 and 504 of the Indian Penal Code. Petitioner no.1 was named in the F.I.R., whereas, the petitioner nos. 2 to 4 were not named in the F.I.R. It is submitted that during the investigation, the accusation was found false and the final form was submitted against the petitioners, but, now the petitioners are summoned in excise of power under Section 319 of the Cr.P.C. after the examination of eleven witnesses. It is also submitted that the main accused has already been acquitted. The learned Session order 2 does not reflect the deliberation of the evidence, which persuaded the trial court to summon the petitioners as an accused in excise of power under Section 319 I.P.C. Considering the aforesaid facts, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C.-IV, Bhagalpur in connection with S.T. No. 889 of 2008 arising out of Kahalgaon (Shivnarainpur) P.S. Case No. 241/2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)