IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7578 of 2010 1. RAM PRAVESH SINGH,son of late Awadh Singh 2. Ramesh Singh,son of late Sakaldeo Singh 3. Jhunu Rao, son of Ahat Rao 4. Arat Rao,son of kanti Rao 5. Ramadhar Singh,son of late Banka Singh 6. Ramprasad Singh,son of late Yogendra Singh 7. Ramkripa Singh,son of late Ambika Singh 8. Arun Singh,son of Ramkripa Singh All residents of village-Baragiya,P.S.- Gopalpur,District-West Champaran. Versus THE STATE OF BIHAR ----------- For the Petitioners :M/s Ashutosh Kumar,Atal Bihar & Ganesh Prasad Singh,Advocates For the State :Mr. Nitya Nand,Addl.P.P. ------------ 03/ 13-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Gopalpur P.S.Case No.60 of 2009 dated 21-06-2009, registered under Sections 147/341/323/436/427/34 of the Indian Penal Code. According to prosecution case, petitioners no.1 to 4 armed with lethal weapons came at the house of the informant and assaulted him by fist and slaps. They are also alleged to have destroyed the house of the informant. Thereafter, petitioner no.5 is alleged to have set the house on fire. Accused persons were also planning to throw the informant on fire, but he succeeded in fleeing away from there. It is submitted by the learned counsel for the petitioners that enmity was going on between the parties from the year 2006 and for that reason they have been falsely implicated in the present case. Learned counsel for the State has strongly opposed the 2 prayer for anticipatory bail made on behalf of the petitioners and submitted that all the petitioners acted in high handed manner and they had very strong motive to commit the crime in question because of previous enmity. Be that as it may, in view of the nature of allegation and in view of the fact that petitioners no.1, 2 and 3 were armed with lethal weapons as mentioned in the FIR and petitioner no.5 is alleged to have set the house on fire, their prayer for anticipatory bail is rejected. They must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, petitioners no.4 and 6 to 8 are not alleged to be armed with lethal weapons and are also not alleged to have played any specific role for committing the crime in question. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners no.4, 6, 7 and 8 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)