IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22623 of 2009 1. MD.NEZAM, son of late Md. Moish 2. SHIV NANDAN Gupta, son of late Ram Prasad Sah 3. MD. NATHO, son of late md. Bhum 4. MD. DAUD, son of late Md. Bhum 5. PRAMOD SAH, son of late Giro Sah. All residents of village-Nirpur, Police Station-Chautham, District- Khagaria. ……Petitioners Versus The State Of Bihar ……Opposite Party ----------- 02. 24.08.2009 It appears that first Chautham P.S. Case No. 132 of 2006 was registered under Section 302 and other Sections of the Indian Penal Code read with Section 27 of the Arms Act alleging that one Brahmdeo Thakur and his son Shambhu Thakur had killed Chhathu Thakur. They have since been charge-sheeted and the trial is in progress. Subsequently Chautham P.S. Case No. 150 of 2006 has been instituted by Shambhu Thakur as against the petitioners who were informant in the earlier case alleging that the petitioners are instrumental in killing Chhathu Thakur. Police investigated the case and found it to be false and submitted final report. There being a protest petition. Learned Magistrate has taken cognizance for the offence under Section 364 A against the petitioners. The said protest petition has now been registered as Complaint Case No. 232C of - 2 - 2007. Petitioners submit that on the face of it, this case is nothing but a retaliation instituted to get over the guilt. Be that as it may, let the petitioners namely 1. Md. Nezam 2. Shiv Nandan Gupta 3. Md. Natho 4. Md. Daud 5. Pramod Sah, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 232C of 2007 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)