IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40797 OF 2009 DASARATH PRASAD YADAV, SON OF LATE DOMAN YADAV, RESIDENT OF VILLAGE SHIVGANJ, POLICE STATION NARAHAT (SITAMARHI), DISTRICT NAWADA VERSUS THE STATE OF BIHAR ******* 2 05/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending arrest in a case under Section 302 and other allied sections of the Indian Penal Code. The allegation is that the named accused persons came in the house of the informant while they were building the house and assaulted the informant and others, killing one person and injuring several others. Learned Counsel for the petitioner submits that the petitioner is 80 years and he has been dragged in this case because he belongs to the member of the family. The Court below will ascertain the age of the petitioner and if it is found that he is 80 years old, he may be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Narahat (Sitamarhi) Police Station Case No. 68 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial 2 Magistrate, Nawada subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)