IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7616 of 2010 1. RAJESH YADAV son of Ram Kishanyadav 2.Gama Yadav son of Faguni Yadav 3.Anil Yadav son of Gama yadav 4.Sita Yadav son of Faguni Yadav 5.Yogendra yadav son of Faguni Yadav , all are r/o Dirawa Tola, Mahua Bigha, P.S. Cherki, Dist. Gaya ….Petitioners. Versus STATE OF BIHAR ----------- 2 19.3.2010 Heard Mr. Surendra Kumar Singh, learned counsel appearing for the petitioners and Mr. Manish Kumar No.2, learned A.P.P. for the State. Petitioners apprehend their arrest in Bodh Gaya (Cherki) P.S. case No. 219 of 2009 instituted under sections 307, 326, 324, 353 and some other allied offences under the Indian Penal Code. According to the prosecution case, police patrolling party had arrested one accused Vinay Kumar Sinha @ Birendra Kumar Yadav and had proceeded. Subsequently at the time of return accused persons surrounded the police force and they attempted to snatch aforesaid arrested accused. On resistance by the police force, accused persons are said to have resorted to brick batting. Informant, who is a police constable, has sustained some injuries on his person. Learned counsel for the petitioners submits that during the course of investigation major part of prosecution case was found not to be true and no person was found injured. Be that as it may, in view of serious nature of allegation and in view of the fact that police party was attacked by the accused persons, this court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. Their prayer for anticipatory bail is rejected. - 2 - However, if the petitioners surrender within the period of four weeks from today and pray for regular bail, the same should be considered on its own merit without being prejudiced by this order. The court below will also look into all the materials collected during the course of investigation. (Birendra Prasad Verma, J) M.Rahman