IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44971 of 2008 1.BALCHAND CHOUDHARY S/O-Late Budhan Choudhary 2.SITA RAM CHOUDHARY S/O-Balchand Choudhary 3.RAJO CHOUDHARY S/O-Dhannu Choudhary All are R/O-Village-Morhey, P.S.-Fatehpur, Distt.-Gaya. …………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 3/ 20.01.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners apprehend their arrest in a case which has been registered under Sections 307, 384, 147, 341 and 323 of the Indian Penal Code. In the written report of Krishna Prasad it is alleged that demand of ransom was made. Submission is that no incident as reported ever occurred. There was dispute with regard to taking passengers in the aforesaid Mini Bus. This fact was found to be true by the Police Inspector. In the supervision the Police Inspector disbelieved the offence under Section 307 of the Indian Penal Code and found it true under bailable offence but the Chief Judicial Magistrate has differed and has taken cognizance under Section 384 of the Indian Penal Code. Identically situated accused Lalan Choudhary has already been enlarged on anticipatory bail vide Cr. Misc. No. 29136 of 2008 on 14.08.2008. - 2 - Considering the facts and circumstances of the case, the petitioners Balchand Choudhary, Sita Ram Choudhary and Rajo Choudhary are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Gupta, Ist Class, Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 14 of 2007, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)