IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45348 of 2009 KASHI PRASAD JAISWAL & ORS Versus STATE OF BIHAR ----------- 3. 14.05.2010 The petitioners apprehend their arrest in Pakridayal P.S. Case No. 66 of 2008 under Sections 323, 324, 326, 448, 307, 302, 504, 506 and 120B/34 of the Indian Penal Code. The allegation as per F.I.R. is that co-accused Lall Babu Kushwaha and three others, namely, Gopal Sahni, Manoj Giri and Shamim Mian came on two motorcycles, out of them, one hurled bomb on the informant and that when the neighbour, Meera Devi came to save him she was shot at by Lall Babu Kushwaha. Meera Devi is said to have died due to injuries caused at the hands of the Lall Babu Kushwaha. At the end of F.I.R., the petitioners along with some others are named with simple allegation that they had conspired for the commission of the offence. The learned counsel for the petitioners submits that vide Annexure-3 the petitioner Kashi Prasad Jaiswal had filed a complaint against the informant and 29 others alleging offences under Sections 395, 380, 452, 448, 387, 306 of the Indian Penal Code and that there is also land dispute between the petitioner and the informant. It is submitted that due to land dispute, the petitioner has been named in the F.I.R. on this ground that he had conspired for the offence but there is no specific material alleged against him. The learned counsel also submits vide Annexure-5 which is an order dated 18.6.2009 under Cr. Misc. No. 20230 of 2009 another accused Rajesh Kumar @ - 2 - Pappu Jaiswal who is also named in the F.I.R. and whose case is similarly situated, has been allowed anticipatory bail by this Court. Considering the facts and circumstances of the case, in the event of their surrender/arrest before the court below within the period of three weeks, the petitioners, namely, Kashi Prasad Jaiswal @ Kashi Prasad Jaisul, Birendra Choudhary, Yogendra Prasad and Jai Mangal Prasad are admitted to anticipatory bail on their furnishing bail bonds of Rs. 10, 000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Pakridayal, East Champaran, Motihari, in Pakridayal P.S. Case No. 66 of 2008 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (C.M. Prasad, J.) Ravi/-