IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39346 of 2009 1. UPENDRA RAM 2. SURESH PASWAN @ SURESH RAM 3. ARBIND RAM 4. BHOLA RAM 5. KANHAIYA RAM Versus STATE OF BIHAR ----------- 2/ 14.12.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case originally registered for the offence under section 307 and other provisions of the Penal Code to which section 302 of Penal Code was added subsequently when the injured was deceased about two weeks latter. Submission on behalf of petitioners 1, 2, 4 and 5 is of having only been members of an unlawful assembly with no overt act of assault. There is a counter case also registered as Behea P.S. Case No. 89 of 2009. Learned counsel for the State submits that petitioner no.3 is also alleged to have made indiscriminate assault with lathi. The application is rejected in so far as petitioner no.3, namely, Arbind Ram, is concerned. Let the above named petitioners no. 1, 2, 4 and 5 surrender in the court below within a period of four weeks from today when they shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 20, 000/- - 2 - (Twenty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur in connection with Behea P.S. Case No. 90 of 2009, subject to condition as laid down under section 438(2) of the Cr.P.C. ( Navin Sinha, J ) BTiwary/