IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29808 of 2010 1. JANESHWAR SINGH son of Kamta Singh 2.Kameshwar Singh S/o Ramlakhan Singh, both re3sident of Village Biruwa P.S. Paothu, Dist. Aurangabad… petitioners. Versus STATE OF BIHAR O.P. ----------- 2 18.08.2010 Heard the parties. On earlier occasion prayer for anticipatory bail made on behalf of the petitioners was dismissed as in-fructuous by an order dated 29.3.2010 passed in Cr. Misc. No. 29721 of 2009 on the submission made on behalf of the petitioners that during the course of investigation the prosecution case has been found to be false by the police. The present petition for grant of anticipatory bail has been filed on behalf of the petitioners with respect to a criminal prosecution registered under section 394 of the Indian Penal Code on the ground that though, the police submitted a final report vide annexure- 3 on 28.2.2010 and petitioners were not charge sheeted in that case, but subsequently by an order dated 17.5.2010 (Annexure-4) learned C.J.M, Aurangabad has disagreed with the police report and has taken cognizance against all the accused persons including the petitioners under section 457 and 392 of the Indian penal Code. Under the said circumstances it is submitted that the petitioners have reasonable apprehension of their arrest. Hence the present application for anticipatory bail for the second time. It is submitted that the petitioners and the informant are agnates and because of certain previous political enmity the petitioners have falsely been implicated in the present case. It is also submitted that during the course of investigation independent witnesses did not support the prosecution case and, therefore, the police submitted final report vide annexure-3. - 2 - Taking into consideration the entire facts and circumstances of the case it is directed that in the event of arrest or surrender within four weeks from today the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Aurangabad in connection with Pautho P.S. Case no. 1 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman