IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38700 of 2009 MONU @ MUNNU KUMAR THAKUR @ SUNIL KUMAR Son of Late Ram Ekbal Thakur, resident of Village- Rusulpur, P.S. Karja, District-Muzaffarpur Versus THE STATE OF BIHAR with Cr.Misc. No.39653 of 2009 APPU THAKUR, Son of Dinesh Thakur, Resident of Village- Patahi Roop, P.S. Sadar, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 2 03-12-2009 Heard learned counsel for the petitioners and the State. Petitioners apprehend in a police case under Section 307 and other provisions of the Penal Code and 27 of the Arms Act. The submission is that there is no specific overt act of firing or assault alleged against them. The allegations are of the staff of two Pathology Laboratory fighting on the streets when guns and lathis have been freely used . Considering the submission that they may not have actually used weapons themselves when they are alleged to be the members of the unlawful assembly, does not - 2 - persuade the Court to enlarge the petitioners on anticipatory bail. The application is rejected. Any application for regular bail is to be considered by the court below on its own merit on the date when the petitioners surrender with no specific allegation of assault attributed to them as alleged without being prejudiced by the present order. NKS/- ( Navin Sinha, J)