IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33520 of 2010 1. SHAILENDRA SINGH @ SHAILENDRA KUMAR SINGH 2. Bhartendu Singh @ Bhartendu Kumar Singh s/o- Bhupendra Singh, both residents of village-Agya, P.S. Gorea Kothi, District-Siwan. Versus STATE OF BIHAR ----------- 2 06.10.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are apprehending their arrest in connection with Gorea Kothi P.S. Case No.18 of 1997 for the offences punishable under Sections 452, 323,307,324/34 of the Indian Penal Code. Responding to the delay in filing the application seeking anticipatory bail, learned counsel for the petitioner with reference to a letter dated 14.12.2009 of the Superintendent of Police, Siwan placed at Annexure-3 of the application, submits that until the said date there was no apprehension of arrest on the part of the petitioners and it is only by the said letter the Superintendent of Police, Siwan has directed the Investigating Authority to proceed against the petitioners in accordance with the provisions of the Code of Criminal Procedure. He submits that it is in these circumstances the petitioners had moved through - 2 - the present application. Learned counsel for the petitioners with reference to the statement of allegation made in the F.I.R. placed at Annexure-1 of the application submits that plain reading thereof demonstrates that except being member of the group, no specific overt act has been assigned to these petitioners who have been wrongly involved in the present case. Taking into consideration the submission of learned counsel appearing for the petitioners and upon perusal of the materials of record, let the petitioners namely, Shailendra Singh @ Shailendra Kumar Singh and Bhartendu Singh @ Bhartendu Kumar Singh be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Gorea Kothi P.S. Case No.18 of 1997 subject to the conditions stipulated in Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)