IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18982 of 2009 1. MITHILESH DASIL @ BUCHUN RAI,son of Shivjee Dasil @ Sadhuji, resident of Mohalla-Shyamchak, P.S.-Bhagwan Bazar, District-Saran 2. Urmila Devi, wife of Jogendra Rai, resident of village-Semariya Tola Pahiya, P.S.-Rivilganj, District-Saran -----------------------------------------Petitioners. Versus STATE OF BIHAR with Cr.Misc. No.21420 of 2009 TARKESHWAR DASIL, son of shivjee Dasil @ Sadhuji, resident of Mohalla- Shyamchak, P.S.-Bhagwan Bazar, District-Saran--------------------Petitioner Versus STATE OF BIHAR ----------- 2. 7.7.2009 Heard learned counsel for the petitioners, informant and the State. In the case a dead body was found on Railway track after having knowledge of the same F.I.R. was lodged naming four persons including the husband and petitioner of Cr. Misc. no.21420 of 2009. Petitioners of Cr. Misc. no.18982 of 2009 were not named in the category of accused. Learned counsel for the informant failed to satisfy this Court why they were not named in the F.I.R. However, in course of investigation their name also appeared in the picture but chargesheet was submitted only against the husband. The protest petition was filed and cognizance was taken against all. Submission of the learned counsel for the informant is that once cognizance is taken and that is left intact in quashing proceeding also then no question arises about bail to any of the petitioners though are not named. But I do not agree with the submission. The scope of quashing is quite different than consideration to be taken at the stage of bail. Non- mentioning of the names of two of the petitioners in the F.I.R. without - 2 - any explanation and finding no accusation against the third one clearly entitle them for anticipatory bail. In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners of both the petitions is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order the above named petitioners of both the petitions 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 the Railway Judicial Magistrate, Sonepur(District-Saran), in connection with Chapra Rail P.S. case no.84 of 2007 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )