IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38074 of 2009 1. RAM ASHRAY PASWAN 2. BIRJA PASWAN 3. AGIN PASWAN @ AJIT PASWAN Versus STATE OF BIHAR . ----------- 02 27.11.2009 Heard both sides. While pressing this application for grant of anticipatory bail instituted initially under Section 307 of the Penal Code ( later 302 of the Penal Code was added) it is submitted that although these three petitioners are named in the F.I.R. but there is no specific allegation of assault of having inflicted any injury to any of the injured/deceased. Allegation of causing injury to the deceased is against Ram Chandra Paswan. It is next contended that allegations are also against co-accuseds Jagdev Paswan and Sadanand Paswan. It is further highlighted that there is delay of about 5 days in lodging the present F.I.R. Several days thereafter injured Singeshwar Paswan succumbed to the injuries sustained by him in course of the occurrence. It is further submitted that there is counter version of the present case in the shape of complaint lodged by co-accused, namely, Ramchandra Paswan (annexure-2) Having regard to the submissions that there is no allegation of assault against the present three petitioners, this Court is inclined to extend them the privilege of anticipatory bail. In the event of arrest or surrender before the Court below within a period of four weeks from today, petitioners, named 2 above, are directed to 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 the ACJM, Benipur (Darbhanga) in connection with Bahera P.S. Case no. 45 of 2009, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. This order is subject to further condition that no sooner the case reaches up to the level of framing of charge the petitioners shall appear in person before the Court below on the date(s) fixed at the trial. In case of default on two consecutive dates, the trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)