IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44682 of 2009 1. MD.NALEG ,Son of Sk.Aliar 2. Aakib , Son of Mustaba @ Majtaba Kazie 3. Mushid @ Md. Majid Akhtar, son of Mustaba @ Mujtaba Kazie, All residents of Village Santpur 4. Jagarnath Thakur , Son of Chokat Thakur, resident of Village-Khap Tola All of Police Station Nautan, District-West Champaran -------------------- Petitioners Versus STATE OF BIHAR ----------- 02 19-02-2010 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners and Mr. Abhimanyu Sharma, learned A.P.P. for the State. Petitioners have prayed for grant of anticipatory bail in Nautan P.S. Case No.161 of 2009 registered under Sections 143,341,323,307, 353 of the Indian Penal Code and 127, 132 of People Representative Act, 1951. The allegation against the petitioners is that they assaulted the Officer who was conducting election of PACs. During that occurrence he was brutally assaulted. All the petitioners are named in the F.I.R. Learned counsel for the petitioners submits that petitioner no.3 is a student of Engineering College at Bangalore. He further submits that due to village rivalry all the petitioners have been made accused in this case by the Chowkidar of the - 2 - area. Considering the nature of allegation that an officer of the Government of Bihar, who was discharging his official duty during PACs election, was brutally assaulted by the accused persons, as has been indicated in the F.I.R., and also the involvement of petitioners in the said occurrence, I am not inclined to grant the privilege of anticipatory bail to the petitioners except petitioner no.3 who appears to be a student of Engineering College at Bangalore. Accordingly, prayer for grant of anticipatory bail in respect of petitioner nos.1,2 and 4 is rejected. So far petitioner no.3, namely, Mushid @ Md. Majid Akhtar is concerned, he shall be enlarged on bail in the event of his arrest or surrender before the court below within six weeks from today on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah , West Champaran in connection with Nautan P.S. Case No.161 of 2009, subject to condition as laid down in Section 438(2) Cr.P.C. NKS/- ( Rakesh Kumar, J)