IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33476 of 2010 1. AJAY PRASAD son of Late Nand Kishor Prasad. 2. Kapil Prasad son of late Nand Kishore Prasad. 3. Sanjay Prasad son of Late Nand Kishore Prasad 4. Lala Kumar son of Kapil Prasad All resident of village:-Bahorma, P.S. Neemchak Bathani, District-Gaya Versus STATE OF BIHAR . ----------- 2 05.10.2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Neemchak Bathani P.S. Case No. 14 of 2010 for offence punishable under Sections 147, 149, 353, 224 and 225 of the Indian Penal Code. The allegation as set out in the F.I.R. is that when the police party had gone to arrest the petitioner No.1, Ajay Prasad in connection with Neemchak Bathani P.S. Case No. 1 of 2010 and had arrested him the other accused persons including the petitioners aided in his escape. Learned counsel for the petitioners with reference to an order of this Court placed at Annexure-2 passed in Cr.Misc. No. 25240 of 2010 dated 12.8.2010 submits that the main case in connection with which the police party had gone to arrest petitioner No.1 being Neemchak Bathani 2 P.S.Case No. 1 of 2010 the said petitioner has already been granted anticipatory bail by this Court. Learned counsel further submits that save and except inclusion of Section 353 the other offences are bailable. Having regard to the circumstances set forth, let the petitioners namely, Ajay Prasad, Kapil Prasad, Sanjay Prasad and Lala Kumar be released on bail in the event of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order before the court below, upon each of them furnishing individual bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Neemchak Bathani P.S. Case No. 14 of 2010, subject to the conditions stipulated in Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)