IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38680 of 2008 1.RAJ NARAIN RAI son of late Rajendra Rai 2.Shyam Rai son of Ram Sharan Rai, Both resident of village-Indrawa, P.S.Sonbarsa, Dist.-Sitamarhi Versus THE STATE OF BIHAR ----------- 3. 15.1.2009. Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case which has been registered under sections 409, 420 and 120B of the Indian Penal Code and section 51 of the Disaster Management Act. Relying upon annexure-2 it has been argued that police has found no case against any of the accused and so final form, finding the case as a mistake of fact, was directed to submit and accordingly it was submitted but the Chief Judicial Magistrate differing with the same took cognizance. This is not a case in which any irregularity was found. The case been filed in confusion. Considering the facts and circumstances of the case the above named petitioners are directed to surrender before Chief Judicial Magistrate, Sitamarhi within three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on furnishing bail bond of Rs.10,000/-each with two sureties of the like amount each to his satisfaction in connection with Sonbarsa P.S.Case No.72 of 2007 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)