IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3012 of 2009 1. Brahmeshwar Upadhyay @ Barmeshwar Upadhyay, Son of Ravindra Upadhyay. 2. Pinku Kumar, Son of bidyarthi Prasad. Both Resident of G.R.P. Colony, Police Station- Gaya Kotwali, Dist. Gaya. --------- Petitioners Versus The State of Bihar ------- Opposite Party ----------- 2 1.5.2009 Heard counsel for the petitioners and counsel for the opposite party. On perusal of the enquiry report and the corresponding allegation against the petitioner no.1, this Court is not inclined to grant anticipatory bail to the petitioner no.1. Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Brahmeshwar Upadhyay, is hereby rejected. Considering, however, the fact that the police have found the allegation against the petitioner no.2 to be not substantiated in any manner and had submitted a final form, this Court would direct the petitioner no.2, namely, Pinku Kumar to surrender before the court below within a period of four weeks from today and on his so surrendering, he will be released on bail on furnishing bail bond of 2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Gaya in connection with Gaya Kotwali P.S. Case No. 65 of 2007, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Rsh (Mihir Kumar Jha, J.)