IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35510 of 2010 JAFAR ALI @ ZAFAR ALI & ORS Versus STATE OF BIHAR ----------- 2 18.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Petitioners apprehend their arrest in connection with Adapur P.S. Case No. 113 of 2009 registered for various sections including section 307 of the Indian Penal Code and section 27 of the Arms Act. Admittedly, there is case and counter case between the parties and persons from both the sides sustained injuries on their persons. It would appear from perusal of FIR as well as counter FIR that dispute took place between the parties on account of PACKS election. Learned counsel appearing for the informant points out that petitioner No. 5, Shaukat Ali gave Farsa blow causing injury on the head of injured of this case and in similar situation, prayer for bail of Abdul Kalam @ Abdur Kalam, accused of counter case, has already been rejected by this court. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail on behalf of the petitioners, namely, Jafar Ali @ Zafar Ali, Irfanullah, Bachha @ Mijibullah, Shafiullah, Sunar Mian @ Mustaque 2 Ahmad, Bhoolan Mian @ Reyaz Ahmad and Dukhi @ Sanaullah is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, above- named shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Adapur .S. Case No. 113 of 2009 to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari subject to condition as laid down u/S 438(2) of the Cr.P.C, So far petitioner No. 5, namely Shaukat Ali is concerned, his prayer for grant of anticipatory bail is rejected with direction to him to surrender before the court below within 30 days from the date of communication of the order and if the petitioner, Shaukat Ali does so, the learned court below shall consider his regular bail application on its own merit without being prejudiced by this rejection order. AKV/- ( Hemant Kumar Srivastava,J.)