IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.11061 OF 2010 1- KANHIYA RAM S/O MOTI RAM 2- SHIVDAYAL RAM, S/O MOTI RAM 3- SULO RAM, S/O CHANO RAM PETITIONER NO. 1 AND 2 ARE RESIDENT OF VILLAGE – JAGDISHPUR, P.S. BARARI, DISTRICT -KATIHAR AND PETITIONER NO. 3 IS RESIDENT OF VILLAGE - LAKHNOUR, P.S. - RUPAULI, DISTRICT – PURNEA ……….. PETITIONERS VERSUS THE STATE OF BIHAR ……………… OPPOSITE PARTY ----------- 2 26.04.2010 Heard the parties. Petitioners apprehends their arrest in connection with Barari P.S. Case No. 214 of 2009 dated 22.11.2009 registered under Section 302 / 34 I.P.C. as also under Section 27 of Arms Act. It is submitted by the learned counsel for the petitioners that entire prosecution case is based on suspicion and surmises, and no body including the informant is the eye witness of the alleged occurrence. It is further submitted that some land disputes are going on between the parties, and therefore, they have been falsely implicated in the present case. It has been highlighted that so far as the petitioner no. 3 Sulo Ram is concerned he is not directly connected with the lands in dispute between the parties. He happens to be brother-in-law of petitioner no. 1 & 2 and he is resident of altogether different village. Learned counsel for the State has opposed the prayer for anticipatory bail and has submitted that, in view of enmity between the parties with respect to certain lands, the petitioner no. 1 & 2 had 2 very strong motive to participate in the commission of crime in question. However, he fairly conceded that, so far as petitioner no. 3 is concerned, he is not directly related with the lands in dispute between the parties. Be that as it may, in the facts and circumstances of the case, so far as the petitioner no. 1 & 2 are concerned, their prayer for anticipatory bail is rejected. They must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail, which shall be disposed of on its own merit without being prejudiced by the present order. However, so far as petitioner no. 3 is concerned, he being resident of different village, being the relative of petitioner no. 1 and 2 and not directly connected with the lands in dispute between the parties, in the event of arrest / surrender within a period of four weeks from today in the above noted case, the petitioner no. 3 shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar, subject to the conditions as laid down under sub section (2) of Section 438 of the Code of Criminal Procedure. Praful (Birendra Prasad Verma, J. )