IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44718 of 2008 1. DINESH CHOUDHARY 2. SUBHASH CHOUDHARY Versus STATE OF BIHAR ----------- 2. 24.11.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a complaint case, sent for police investigation under section 436/34 of the Penal Code. The submission is of false implication in a land dispute. The impugned order of rejection is hardly of any assistance as it does not deal with the place of occurrence found by the police in the case diary at all. Having considered the facts and circumstances of the case, let the petitioners, abovenamed surrender in the court below within four weeks from today, when they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Banka in Rajaun p.s.case no.37/2008. On the date when the petitioners furnish their bail bonds, they shall be required to be physically present in person. The court below before accepting their bail bonds, shall verify from the case diary with regard to the place of occurrence. Only in the - 2 - event of a negative report of fire to a dwelling, the petitioners shall be released on bail. If the case diary does contain materials of fire in a dwelling house, the petitioners shall be taken into custody when the application for regular bail shall be considered in accordance with law, without being prejudiced by this order. HR ( Navin Sinha )