IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30216 of 2008 JANARDAN THAKUR & ANR. Vrs. THE STATE OF BIHAR **** /2/ 22.08.2008 Heard the counsel for the petitioners and the State. 2. Petitioners, Janardan Thakur and Jagu Yadav, are not named in the first information report of Barachathi P.S. Case No. 193 of 2000 which was registered against hundred unknown persons of M.C.C. Petitioners’ name were subsequently disclosed in the confessional statement of one Lakhan Yadav under Section 161 of the Criminal Procedure Code, but, Lakhan Yadav in his statement under Section 164 of the Criminal Procedure Code did not mention petitioners’ name. Counsel for the petitioners submits that another confessional statement was made by one Surendra Yadav he disclosed name of 24 persons, but petitioners’ name was not disclosed. Petitioners were not knowing that their names have been implicated in this case and charge sheet was submitted against them on 03.11.2005 showing them absconder. Petitioner no. 1, Janardan Thakur, is a teacher and petitioner no. 2, Jagu Yadav, is working in the Animal Husbandry Department. It has been submitted that they have no criminal antecedent. 2 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioners, is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the aforementioned case to the satisfaction of the Subdivisional Judicial Magistrate, Sherghati, Gaya, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 4. The Subdivisional Judicial Magistrate will enquiry about the criminal antecedent of the petitioners before accepting their bail bonds. In case petitioners are found to be involved in any other case, their bail bonds should not be accepted. S.A. ( Mridula Mishra, J. )