IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48867 of 2008 1. SAHIL HEMBRAM @ NIPPO SINGH HEMBRAM S/O BABULAL HEMBRAM 2. GANGERI HEMBRAM S/O ALPHEJO HEMBRAM BOTH OF VILL. SALAIYA, P.S. PORAIYA HAT DIST. DUMKA (JHARKHAND) ------- PETITIONERS. Versus 1. THE STATE OF BIHAR ----- OPP. PARTY. ----------- For the petitioners: Mr. Abdul Mannan Khan, Advocate. For the State: Mr. C.Jawahar,APP. 03. 16.04.2009 Heard both sides. Two petitioners have approached this court for grant of anticipatory bail in a case instituted under Section 395 of the Penal Code. The offence was allegedly committed sometime in July, 2005. Petitioner no.1 is own nephew of the informant, whereas the petitioner no.2 is staff of the mission school. Learned counsel for the petitioners submits that the matter remained pending investigation for a petty long time and recently warrants of arrest have been issued against them. It has further been submitted that some of the witnesses, in course of investigation, have stated that petitioner no.1 is own nephew of the informant and also the victim of the occurrence committed by the accused persons. Learned counsel for the petitioners referring to an affidavit filed by the informant submits that he has again reiterated his stand that the petitioners herein had not participated in the offence/ occurrence. 2 Learned counsel for the State after looking to the case diary is not in a position to refute this fact. However, it has been submitted that the investigation is still going on. Having regard to the facts emanating from the records, this court is inclined to admit them to anticipatory bail which shall be confined only for the period the matter is under investigation. No sooner the charge-sheet/final form is submitted the present order granting them bail shall become in-operative and the petitioners shall be at liberty to apply afresh for grant of bail. In the event of their arrest or surrender within four weeks from today before the court below, above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistate, Banka in connection with Katoriya ( Jaipur) P.S. Case no. 63/2005, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This court once again clarifies that this privilege of bail granted to the petitioners shall be effective only during the investigation of the case. Sym/ (Kishore K. Mandal, J.)