IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16092 of 2009 RAMANAND SINGH & ANR Versus STATE OF BIHAR ----------- 02/ 17.06.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 137, 138, 149, 341, 323, 325, 448, 307 and 380 of the Indian Penal Code and later on section 302 of the Indian Penal Code was also added. Learned counsel for the petitioners submits that there are two versions of prosecution case; the first is by Satendra Singh, who is the nephew of the deceased and had filed P.S. Case No.193 of 2008 and the second version is of Rakesh Kumar, who is the son of the deceased and had filed fardbeyan in the same case after the death of his father, who was earlier in jail. Learned counsel for the petitioners further submits that in the fardbeyan of the nephew although petitioners are named but no specific overt act has been alleged against them whereas assault on the deceased is alleged to have been committed by other co-accused persons, namely Raj Kumar and Matlu Singh and Dhiru Singh. He also states that in his fardbeyan the son of the deceased has not named the petitioners and the names of the assailants have been described as Nawal Singh, Arbind Singh and Nilesh Singh. Learned counsel for the petitioners further avers that the petitioners have been falsely implicated only 2 because they were witnesses against prosecution party in earlier case. He further contends that the petitioners have got no criminal antecedent. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely Ramanand Singh and Parmanand Singh shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No.193 of 2008 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)