IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3046 of 2010 1. RAM BADAN SINGH son of Ram Kishun Singh 2. Akhilesh Kumar Deepak son of Ram pravesh Singh both r/o village Nabalia, P.S. Koochas (Parsathua), Dist. Rohtas …Petitioners. Versus STATE OF BIHAR ----------- 2 15.3.2010 Heard Mr. Ram Balak Mahto, learned senior counsel for the petitioners and Mr. Anand Mohan Mehta, learned A.P.P. for the State and Mr. Rajnikant Singh, learned counsel appearing for the informant. Petitioners apprehend their arrest in a case instituted under section 307 and other allied sections of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there are case and counter case from both sides, annexures 1 and 2 respectively. Both sides received injury. It has further been submitted that members of the prosecution party who are accused in the first information report lodged by Usha Devi, annexure-2, has been granted anticipatory bail. According to the first information report petitioner no.1 Ram Badan Singh is alleged to be an order giver and is also alleged to have participated in the occurrence. Petitioner no.2 Akhilesh Kumar Deepak is alleged to have assaulted Radhika Devi by Rami, a hard blunt weapon. Learned counsel for the informant submits that Radhika Devi sustained grievous injury on her person. Be that as it may, in the facts and circumstances of the case, this court is inclined to accede to the prayer made on behalf of petitioner no.1 Ram Badan Singh for grant of anticipatory bail. In the event of his arrest or surrender in the court below within four weeks from today, he be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand0 with two sureties - 2 - of like amount each to the satisfaction of C.J.M, Sasaram, in Kochas (Parsathua) P.S. case no. 126/09, subject to the conditions laid down under section 438(2) Cr.P.C. So far as petitioner no.2 Akhilesh Kumar Deepak is concerned, his prayer for anticipatory bail is rejected. He must surrender in the court below within four weeks from today and if prayer for regular bail is made on his behalf, the court below will consider the facts noted above as also the facts that the members of the prosecution party who are accused in the case lodged by the petitioners have already been granted anticipatory bail. The order of rejection of prayer for anticipatory bail of petitioner no.2, shall not prejudice his case for grant of regular bail. (Birendra Prasad Verma, J) M.Rahman