IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3455 of 2010 1.MANAN PANDEY 2.Suman pandey botyh sons of late narshing Dutta Pandey r/o village Nayagaon P.S. Nayagaon, Dist. Saran …..Petitioners. Versus STATE OF BIHAR ----------- 3 7.4.2010 Heard learned counsel for the petitioners, State and the informant. Petitioners apprehend their arrest in connection with UT No. 256 of 2009 arising out of Nayagaon P.S. Case No. 54 of 2007 dated 2.10.2007 . It is submitted by learned counsel for the petitioners that originally the case was instituted for various offences including the offence under sections 307, 392, 436, of the Indian Penal Code as also under section 3 & 4 of the SC & ST (PAO) Act. However, on close of investigation police submitted final report dated 11.12.2007 as mistake of law and thereafter the informant filed a protest petition , on the basis of which cognizance has been taken under section 436 I.P.C and some other allied offences. It is also submitted that prior to the present case petitioner no.2 had lodged a criminal case vide Annexure-5 originally under section 364 of the I.P.C. but subsequently same was converted under section 302 of the Indian Penal Code in which members of prosecution party are still in judicial custody. Learned counsel for the informant/complainant as also learned counsel for the State have opposed the prayer for anticipatory bail. Be that as it may, in the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail - 2 - on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Ram Sajan Ram, J.M, Ist class, Chapra in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) . M.Rahman