IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21991 of 2010 1. RAM EKWAL RAI S/o Late Jagdeo Rai 2. Jairam Rai S/o Kameshwar Rai 3. Wakil Rai S/o Late Bangali Rai 4. Yogi Rai S/o Baleshwar Rai 5. Suraj Rai s/o Bali Rai 6. Baban Rai S/o Ram Janam Rai All R/o Village- Dhaukal Rai Ka Tola, P.S.-Athmalgola, District- Patna. Versus STATE OF BIHAR ----------- 2. 14.07.2010 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 326, 307 of the Indian Penal Code subsequently Section 302 of the Indian Penal Code was also added. The petitioners apprehend arrest due to the fact that they have been made accused by resorting to the powers under Section 319 Cr. P.C. In the F.I.R. there is specific allegation against three persons, petitioners were not named and the police did not sent up these petitioners for trial after investigation. But now, during the evidence, the witnesses have suggested that the petitioners also participated in the alleged occurrence and on that basis trial Court has 2 exercised power under Section 319 of the Cr. P.C. Considering the facts that the petitioners were not named in the FIR nor sent up by the police after investigation and have been summoned for the first time after 10 years of the occurrence under Section 319 Cr. P.C, let the petitioners, namely, (1) Ram Ekwal Rai (2) Jairam Rai (3) Wakil Rai (4) Yogi Rai (5) Suraj Rai (6) Baban Rai in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged 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 Additional Sessions Judge 1st Barh in connection with Barh (Athmalgola) P.S. Case No. 260 of 1999, subject to the condition as laid down under Section 438(2) of the Cr. P.C. Learned trial Court will be at liberty to cancel the bail bonds of the petitioners if they fail to appear on three consecutive dates during trial. Anand Kr. ( Dinesh Kumar Singh, J.)