IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5516 of 2009 1. Suchindar Paswan S/o Achhelal Paswan 2. Kishori Paswan S/o Late Butan Paswan 3. Shyam Paswan @ Shyam Babu Paswan S/o Ram Lakshan Paswan 4. Ram Babu Paswan S/o Ram Lakshan Paswan 5. Tapeshwar Paswan S/o Ram Laxman Paswan 6. Nagendra Paswan S/o Akshaibat Paswan Versus The State of Bihar ----------- 02/ 15.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 448, 341, 323, 435, 427, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioners submits that the entire allegation is false and frivolous and the case has been filed only in retaliation to earlier case i.e. Sahiyara P.S. Case No.73 of 2008, which was lodged by petitioner no.1 against the sons of the informant of the instant case. Learned counsel for the petitioners further submits that all the offences alleged under the Indian Penal Code are bailable and only section 27 of the Arms Act is non- bailable. Learned counsel for the petitioners also states that there is no specific allegation against these petitioners and there is general and omnibus allegation that all the accused persons came there and started firing. Learned counsel for the petitioners further states that the petitioners have got no criminal antecedent. 2 Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely Suchindar Paswan, Kishori Paswan, Shyam Paswan @ Shyam Babu Paswan, Ram Babu Paswan, Tapeshwar Paswan and Nagendra Paswan shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sahiyara P.S. Case No. 74 of 2008, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)