IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12069 of 2009 1. NATHU SAI 2. AZAMULLAH SAI 3. ASHIF SAI @ ASHIQUE SAI 4. BHOLA SAI 5. ABDUL KALAM SAI 6. TASAUVUER SAI 7. TAHIR SAI ----------- petitioners Versus STATE OF BIHAR ----------- 2 22.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that though the case concerns with commitment of theft, entering the house of informant but in the same a suspicion was only cast about petitioners’ giving threatening two months earlier. In course of investigation, police was of the view that the incident was though true but without clue even then only on the basis of suspicion cognizance is taken and petitioners are apprehending their arrest which never can be justified. I also agree with the submission. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Chakia P.S.Case No.92 of 2008, T.R.No. 3172/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.D.Upadhaya, - 2 - Judicial Magistrate, Motihari, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI