IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14078 of 2009 1. SAMSAD MIAN @ SAMSAD ALAM 2. SAMSER MIAN @ SAMSER ALAM 3. ARMAN MIAN @ ARMAN ALAM Versus THE STATE OF BIHAR ----------- 02/ 06.10.2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Section 302/34 of the Penal Code. It is submitted that the petitioners are minors all being under 18 years of age and are the nephews of the deceased. There is a property dispute between them. The investigation notices that independent witnesses have said that the petitioners were present at the time when the deceased was dragged away. Independent witnesses have attributed the subsequent five assaults on the deceased to named co-accused Wazir Mian, Rahim Mian and Gaffur Mian at another place where the deceased was dragged at which time no witness has said about the presence of the petitioners. Learned counsel for the State emphasizes the omnibus nature of the allegations of assault and the five sharp cutting injuries on the person of the deceased. Considering the submission that the petitioners are all under 18 years of age on the date of occurrence, with generalized omnibus allegation, let them surrender within four weeks before the court below. At the time that they furnish their bail bonds and shall be physically present before the court below, the court below shall - 2 - visually assess their age and if it is satisfied that they appear to be juvenile, shall proceed to accept their bail bonds and enlarge them on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan P.S. Case No. 113 of 2008. If the court is not prima facie satisfied of their being juveniles from their present physical appearances, the application shall be deemed to have been rejected with regard to them/such of the petitioners. In that event they shall be taken into custody when any application for regular bail on their behalf shall be decided on its own merits. DKS/ (Navin Sinha, J.)