IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10428 of 2010 1.AWADH BIHARI SAH son of late Ramswarath Sah 2.Santosh Prasad @ Chai son of Sri Babulal Sah 3.Shankar Sah son of late Bhagwat Sah 4.Haresh Sah @ Harkesh Soni son of Ram Awadh Sah…...Petitioners. Versus STATE OF BIHAR with Cr.Misc. No.2733 of 2010 1.SURENDRA SAH @ SURENDRA KUMRA GUPTA son of Banbari Sah 2.Brij Kishore Sah @ Brij Kishor Verma, son of Ramadhar Sah 3.Lal Babu Sah son of Ram Baras Sah ………Petitioners. Versus STATE OF BIHAR ----------- 2 25.3.2010 Heard Mr. A.A. Khan, learned counsel for the petitioners and Mr. D. Mahto, learned A.P.P. for the State. Both the aforesaid criminal miscellaneous petitions relate to Mirganj P.S. case No. 251 of 2006 arising out of complaint case no. 1807/06, Tr. No. 1149/09, registered under section 302/34 I.P.C. in which the petitioners are apprehending their arrest. It is submitted by the learned counsel for the petitioners that originally the informant filed a U.D. case vide annexure-4 on 10.11.2006 regarding accidental death of his son. Subsequently, he filed a complaint case which was sent to the police under section 156(3) Cr.P.C. vide annexure-1. On close of investigation police found the entire prosecution allegation against the petitioners to be false vide annexure-2. Learned Magistrate has proceeded on the protest petition filed by the informant and has taken cognizance against the petitioners, besides other under section 302/34 of the Indian penal Code. It is submitted by learned counsel for the petitioners that a title suit is also pending between the parties and for that reason - 2 - subsequently the present false case was lodged against the petitioners regarding death of the son of the informant. Learned counsel for the State has not disputed the aforesaid position. In view of the aforesaid facts and circumstances, let the above named petitioners in both the petitions, in the event of their arrest or surrender within four weeks from today , be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Shri D.K. Tiwary, J.M. Gopalganj, in the above noted case , subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman