IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2277 of 2010 1. Lal Babu Singh, Son of Late Deo Nandan Singh. 2. Krishn Kumar Singh, Son of Ram Bilash Singh. 3. Ranjit Singh, Son of Awadh Kishor Singh. 4. Santu Singh @ Santlal Singh, Son of Kailash Singh. 5. Binod Singh, Son of Hari Narayan Prasad Singh. All resident of Village Parsauniya, P.S. Minapur (Pana Pur O.P.), District Muzaffarpur. ------ Petitioners Versus State of Bihar ----- Opposite Party ----------- 2 25.2.2010 Heard Mr. Bindhkeshri Kumar, learned senior counsel for the petitioners and counsel for the State as also counsel for the informant. The prayer for anticipatory bail of the petitioners for offence under Sections 147, 149, 323, 341, 384, 385 and 504 of the Indian Penal Code is primarily pressed on the ground that though initially the case in course of investigation by the investigating officer was found to be true but then the final form not sending up the petitioners to face trial was filed under the orders of the Superintendent of Police but the court differing from such opinion of the police has taken cognizance. Mr. Kumar, in fact also points out that there is no material in the case diary to hold the petitioners to be directly responsible for 2 demanding Rangdari or doing anything which would make them liable for offence as alleged against them. Learned counsel for the informant has however submitted that such opinion of the Superintendent of Police could not withstand scrutiny of the court and the court while differing with the police report has also been taken cognizance and as such, it cannot be said that the case is false. He also points out that the petitioner no.1, namely, Lal Babu Singh has criminal antecedent of being an accused in Minapur P.S. Case No. 98 of 1996 for offence under Sections 364/120B of the Indian Penal Code. Considering the aforementioned aspects, this Court would direct for grant of anticipatory bail to the petitioner nos. 2, 3, 4 & 5 only namely Krishn Kumar Singh, Ranjit Singh, Santu Singh @ Santlal Singh and Binod Singh respectively. That being so, if the petitioner nos. 2, 3, 4 & 5 respectively would surrender within a period of four weeks from today, they would be released on bail on furnishing bail 3 bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 64 of 2009, subject to the condition as laid down under Section 438(2) of the Indian Penal Code. The prayer for anticipatory bail of the petitioner no.1, namely, Lal Babu Singh is however rejected. Rsh (Mihir Kumar Jha, J.)