IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22628 of 2009 1. JAGDISH DUBEY s/o late Sarvanand Dubey 2. Guddu Dubey @ Guddu Kumar Dubey s/o Sri Jagdish Dubey. Both resident of village- Gahani Chakiya, P.S. Kateya,District-Gopalganj. Versus STATE OF BIHAR ----------- 2 24.8.09 Two petitioners apprehend their arrest in Kateya P.S. Case no. 30/06 (Janta Bazar O.P.) registered under Section 307 and other Sections of IPC. As per prosecution report, five persons are alleged to have been variously assaulted the informant, his wife and others in their house. On behalf of the petitioner, it is submitted that the police, after full investigation, submitted chargesheet against the three but did not found any material against the petitioners , who are said to have been falsely implicated. However, learned Magistrate differing with the police report , has taken cognizance against all and because of that reason this application has now been filed. On behalf of the petitioners, it is submitted that from petitioners’ side first Kateya P.S.Case no. 25/06 was instituted against the informant and the prosecution side . It is only subsequently in retaliation, the present case has been lodged. Police has found petitioners involvement false inasmuch as petitioner no.1 was a teacher in Uttar Pradesh Government Service and living in Uttar 2 Pradesh. In that view of the matter, in the event of their arrest/ surrender, within four weeks from today, 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 C.J.M., Gopalganj in Kateya P.S.Case no. 30/06 (Janta Bazar O.P.), subject to the conditions, as laid down u/s 438 (2) Cr.P.C. SINGH (Navaniti Prasad Singh, J.)