IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19545 of 2010 BINTU KUMAR @ VIKASH KUMAR son of Anirudh Prasad, resident of Mohalla-Lal Bazar, P.S.-Bettiah Town, Dist.-West Champaran. …… ……Petitioner Versus STATE OF BIHAR …… …..Opp. Party. ----------- 2. 27.5.2010. The sole petitioner apprehending his arrest in Bettiah Town P.S. Case No.44 of 2009 has approached this court for grant of anticipatory bail. Short fact of the case is that on the basis of written report of one Chhotelal Prasad, the aforesaid first information report was lodged for the offences under sections 147, 148, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code against five named accused persons and 5-6 unknown persons. It was alleged that the accused persons attempted to kill the informant and thereafter one Arun Kumar, who was relative of the informant, came to rescue them but he was assaulted by the accused persons. Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner, while pressing this petition for grant of anticipatory bail, submits that the petitioner directly or indirectly was not involved in the crime. However, during investigation the petitioner came to know that the police has filed requisition for issuance of process against the petitioner and thereafter apprehending his arrest has approached this court for grant of anticipatory bail. Learned counsel, while referring to anexure-5 to the petition which is at page 26, submits that four accused persons named in the first information report had 2 approached this court for grant of anticipatory bail and this court vide order dated 7.8.2009 passed in Cr. Misc. No.24585 of 2009 has allowed the prayer for grant of anticipatory bail and, accordingly, learned counsel has prayed that this petitioner may also be extended the privilege of anticipatory bail. Mrs. Indu Bala Pandey, learned Additional Public Prosecutor, has opposed the prayer for grant of anticipatory bail. However, she is not in a position to dispute the fact that four named accused persons have already been granted anticipatory bail. In view of the facts and circumstance of the present case particularly on the ground that four first information report named accused persons have already been extended the privilege of anticipatory bail, there is no reason to deny the same privilege to the petitioner. Accordingly, this petition is allowed. In the event of arrest or surrender before the court below within a period of four weeks, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No.44 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Rakesh Kumar, J.)