IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19562 of 2010 1. BALESHWAR PASWAN SON OF LATE NARAYAN PASWAN, 2. KARPURI PASWAN SON OF LATE RAJ BALLABH PASWAN, 3. ARVIND PASWAN SON OF RAMNANDAN PASWAN, 4. SATYENDRA PASWAN SON OF LATE PRASADI PASWAN, ALL RESIDENT OF VILLAGE AKABARPUR, P.S. HILSA, DISTRICT NALANDA --- PETITIONERS. Versus STATE OF BIHAR—OPP. PARTY. ----------- 3/ 09-07-2010 Heard the parties. Petitioners apprehend their arrest in a case instituted for offences under section 307, 379, 324 and some other allied offences under the Indian Penal Code. It is submitted that even according to prosecution case, as disclosed in the F.I.R. vide Annexure-1, specific allegation of assault to the informant and his brother is against co-accused Surendra Paswan and Sanjay Paswan. Petitioners are said to be the members of mob. No specific role has been assigned against them for assaulting either to the informant or his brother. It is also submitted that in the facts and circumstances of the case, offence under section 307 of the Indian Penal Code would not be attracted against the petitioners and offence under section 379 of the Indian Penal Code was found not supported during the course of investigation. Learned counsel appearing for the State as also learned counsel appearing on behalf of the informant have strongly opposed the prayer for anticipatory bail made on 2 behalf of the petitioners. Learned counsel for the informant has highlighted that the occurrence in question took place in the night and two persons had sustained injuries on vital part of their body, but he has fairly conceded that allegation of assault is not against the petitioners. In the facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa in Hilsa P.S. Case No. 95 of 2010, subject to conditions as laid down under section 438(2) of the Cr. P.C. and subject to further condition that if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail bonds of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. BTiwary ( Birendra Prasad Verma, J)