IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3703 of 2010 1. JAI BIND SINGH @ BHADOL SINGH 2. DHARMENDRA SINGH @ DHARMENDRA KUMAR SINGH & 3. CHHOTU SINGH @ SONU SINGH @ CHHOTU KUMAR SINGH Versus THE STATE OF BIHAR ----------- 3 25.03.2010. Heard learned counsel for the parties. The petitioners apprehend their arrest in Sasaram (T) Police Station case no. 588/09 dated 26.7.2009 u/s 147,341 & 323 of the Indian Penal Code and 26 of the Arms Act. Learned counsel for the petitioners submits that petitioner no.2 and 3 are students and cousin of petitioner no.1. There is a case and counter case being Sasaram Police Station case no. 589/2009 dated 26.7.2009 u/s 147,341,323,307 & 307 contained in annexure- 2. He further submits that the prosecution side interfered with the plying of bus of the petitioners. Furthermore, Guddu Singh and other assaulted petitioner no.1 with butt of Gun on account of which he sustained injuries on his head. He has annexed medical injury report as annexure- 3 to this application. He further submits that allegation of assaulting with butt of gun is false as no arms has been recovered by police. Learned counsel for the informant by filing counter affidavit submits that petitioner no.1 and 2 are accused in other cases also. It is true that there is a case and counter case and petitioner no.1 sustained injuries on his head at the hand of one Guddu Sigh who has already been allowed anticipatory bail by a bench of this Court. However this Court is not inclined to allow the privilege of - 2 - anticipatory bail to petitioner no.1 as above. Prayer for bail of the petitioner no.1 is refused with direction to surrender and seek regular bail which would be disposed of preferably on the same day on its own merit without being prejudiced by this order. In the facts of the case, the petitioner no. 2 and 3 as above are directed to be released on bail in case they surrender within six weeks on furnishing bail bond of Rs.5000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (town) Police Station case no. 588 of 2009. Shashi. (Samarendra Pratap Singh,J).