IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20974 of 2009 1. MD.MAHTAB ALI KHAN @ MAHTAB KHAN, son of Ziyauddin Khan 2. Razauddin Khan , son of late Yunus Khan 3. Md. Amir Khan @ Amir Khan, son of late Nezam Khan 4. Md. Zulfikar Ali Khan @ Zulfikar Khan, son of Hesam Khan 5. Salam Khan @ Md. Salam Khan, son of Hesam Khan 6. Faiyaz Khan, son of Allauddin Khan All resident of village-Sihuli, P.S.-Amas, District-Gaya--------Petitioners. Versus STATE OF BIHAR ----------- 2. 25.7.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that there is enmity in between the parties. The only non-bailable alleged offence is under section 436 of the Indian Penal Code but F.I.R. in itself is clear that Newari only was set on fire and that also by the co- accused Javed Khan and not by any of the petitioners. Even then they are apprehending their arrest which can never be justified. I agree with the submission. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya, in connection with Amas P.S. case no.16 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )