IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.632 of 2009 1. KAMESHWAR PRASAD son of late Chhotu Mahto 2. Mathura Prasad son of late Chhotu Mahto 3. Ashok Prasad son of Kameshwar Prasad 4. Ajay Prasad son of Kameshwar Prasad 5. Mukut Prasad son of Vijay Prasad 6. Bipin Prasad son of Mathura Prasad All resident of village- Nonia Bigha, P.S.- Hilsa, District- Nalanda. ------ Petitioners Versus STATE OF BIHAR ------ Opposite Party ----------- 2 19.2.2009 Heard learned Counsel for the petitioner and the counsel appearing on behalf of the State. Petitioners apprehend their arrest in a case under Section 379 and other Sections of the Indian Penal Code. Petitioner nos. 1 to 4 were on police bail and as such they should surrender in the Court below and the Court below should consider their bail application in the light of the judgment of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar reported in 2004 (3) PLJR 491 wherein the Court has observed that if the petitioners are on police bail and have not otherwise misused the privilege of bail, they should ordinarily be released on bail on their surrender. As far as petitioner nos. 5 and 6 are concerned, learned counsel 2 submits that the police has submitted final form and they were made accused on the basis of the fact that the Court below took cognizance against them for the offences alleged. In the circumstances, petitioner nos. 5 and 6 namely Mukut Prasad and Bipin Prasad are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of four weeks from today in connection with Hilsa P.S. Case No. 369 of 2007 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Hilsa subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)