IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13841 of 2009 RAM BABU RAI & ORS Versus THE STATE OF BIHAR ----------- 2 24.4.2009 Heard learned counsel for the parties. All the six petitioners are apprehending their arrest in Rajepur P.S. Case No. 62 of 2006 for the offences under several sections of the I.P.C. including 307, 323 and 395 of the I.P.C. read with section 27 of the Arms Act. The origin of the present FIR is a Complaint Case No. C330 of 2006 which was instituted by the complainant against these petitioners. Submission of learned counsel for the petitioners is that it is basically a case filed in retaliation to an earlier case being Rajepur P.S. Case No. 35 of 2006 filed by petitioner no.1, namely, Ram Babu Rai where a death has been caused by firing in the same incidence in which the present complainant, namely, Niteshwar Singh is also an accused in the FIR and the present complaint has been filed after many days only to save their skin. There seems to be some truth in the submission and there is possibility that the present case has been filed as a measure of protection and in retaliation to an earlier case. Keeping the facts and circumstances mentioned above in mind, let the petitioners, (1) Ram Babu Rai, (2) Ashok Rai @ Ashok Kumar,(3) Sanjay Rai @ Sanjay Kumar, (4) Vijay Rai @ Vijay Kumar, (5) Ram Pravesh Rai and (6)Bhikhari Sah in - 2 - the event of arrest or surrender before the court below concerned within a period of four weeks be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikarahana, East Champaran, Motihari in connection with Rajepur P.S. Case No. 62 of 2006 (G.R. Case No. 766 of 2006) subject to condition as laid down under section 438(2) of the Cr.P.C. RPS (Ajay Kumar Tripathi,J.)