IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40109 of 2010 1. BABU ANSARI S/O LATE KAVI ANSARI, R/O MOHALLA NEW DILLIAN, WARD NO.20, P.S. DEHRI-ON-SONE, DISTRICT- ROHTAS. 2. SURENDRA CHOUDHARY 3. HARENDRA CHOUDHARY BOTH SONS OF GUPTESHWAR CHOUDHARY 4. POTNA CHOUDHARY @ POTAN CHOUDHARY 5. LALU CHOUDHARY @ SURAJ CHOUDHARY, BOTH SONS OF SURENDRA CHOUDHARY, ALL RESIDENTS OF MOHALLA TAR BANGLA, P.S. DEHRI- ON-SONE, DISTRICT- ROHTAS……………. PETITIONERS Versus STATE OF BIHAR………………………………..OPP. PARTY ----------- 2 9-11-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners have prayed for anticipatory bail in a case under section 307 and other sections of the Indian Penal Code. It has been shown from the impugned order of the Sessions Court that the court has accepted the submission of learned P.P. that during investigation the case has been found established only for bail able offences . In that view of the matter the prayer for anticipatory bail was rejected. It has been submitted that such observation was on the basis of supervision report available in the case diary but till now no charge-sheet has been submitted and there is no finding of the competent Magistrate that section 307 is not attracted. Hence, prayer for bail is renewed. 2 Considering the facts and circumstances of the case and the discussions made by learned Sessions Judge this application for anticipatory bail is disposed of with a direction that all the five petitioners must surrender in the court of C.J.M. Rohtas at Sasaram in connection with Dehri ( Town) P.S. Case No. 411 of 2010 within six weeks from today and in that event they shall be enlarged on bail to the satisfaction of the court concerned on the date of surrender itself. If cost is deposited let this order be communicated to the court concerned by fax. Naresh ( Shiva Kirti Singh, J.)