IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36624 of 2009 1.MUNNI BIND son of Bandhu Bind 2.Chandrasen Bind son of Birbal Bind 3.Kharachu Bind son of Birbal Bind 4.Birbal Bind son of Bandhu Bind 5.Chhotu Bind son of late Jeeta Bind 6.Nandu Bind @ Nanku Bind son of Chandrika Bind 7.Raju Bind alias Rudal Bind son of Chandrika Bind 8.Manoj Bind son of Munni Bind 9.Chandrika Bind son of Bandhu Bind, all are r/o Village Ramgarh, P.S. chainpur, Dist. Kaimur (Bhabhua) …Petitioners. Versus STATE OF BIHAR ----------- 5 1.4.2010 Heard Mr. Prabhkar Singh, learned counsel appearing for the petitioners, Mr. DAshrath Mehta, learned A.P.P. for the State as also Mr. Anjani Kumar Singh, learned counsel appearing for the informant. Petitioners apprehend their arrest in connection with Chainpur P.S. case No. 64of 2009 dated 22.6.2009 registered under sections, 147, 148, 302 of the Indian Penal Code as also under section 27 of the Arms Act. It is submitted by learned counsel for the petitioners that there are case and counter case from both sides vide annexure-1 and 2. He also submits that the entire occurrence has taken place because of bonafide dispute of title over orchard in question. According to the prosecution allegation all the accused persons are alleged to have participated in strangulation of the deceased, but postmortem report does not support such allegation. By referring to annexure-4 of the supplementary affidavit filed today in court, he submits that the accused persons had also sustained injury on their persons. Learned counsel for the State as also learned counsel for the informant have strongly opposed the prayer for anticipatory bail. According to them petitoners Munni Bind, Chandrasen Bind and Kharachu Bind were - 2 - armed with firearms and they had gone there to commit the crime in question with strong motive. However, they have not pointed out any specific role for commission of crime in question against petitioners namely Birbal Bind, Chhotu Bind, Nandu Bind @ Nanku Bind, Raju Bind alias Rudal Bind, Manoj Bind and Chandrika Bind. In the aforesaid back ground prayer for anticipatory bail made on behalf of petitioners Munni Bind, Chandrasen Bind and Kharachu Bind is rejected. They must surrender in the court below within the period of four weeks from today and if so advised, seek regular bail, which may be disposed of on its own merit without being prejudiced by the present order. However, in view of the fact that there is no specific role assigned to petitioners Birbal Bind, Chhootu Bind, Nandu Bind @ Nanku Bind, Raju Bind alias Rudal Bind, Manoj Bind and Chandrika Bind in the event of their arrest or surrender in the court below within four weeks from today, they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Bhabua, in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, j) M.Rahman