IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13057 of 2009 MADAN PRASAD & ORS Versus STATE OF BIHAR ----------- 2. 16.6.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under Sections 420, 353,294(A) of the Indian Penal Code and 4/5 Bihar Lottery Act. Learned counsel for the petitioners submits that petitioner no. 9 is the Ward Commissioner and he was holding a meeting in his house with the remaining petitioners and at the instance of one Bishwash who was defeated candidate the entire case has been developed, although neither lottery ticket nor any card was recovered from the possession of any of the accused persons. Learned counsel for the petitioners further states that only small amounts were recovered from the pockets of the persons who were caught at the spot. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely 1. Madan Prasad, 2. Upendra Kasera, 3. Gore Kasera, 4. Bhola Prasad, 5. Mohan Kumar, 6. Pyarchand doctor, 7. Manoj Kumar, 8. Hari Mohan Paswan, 9. Ravindra Kumar, 10. Bilash Yadav and 11. Bulu - 2 - Prasad shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad in connection with Daudnagar P. S. Case No. 265 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Kanchan (S. N. Hussain, J.)