IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16954 of 2009 DEEPAK KUMAR & ORS Versus THE STATE OF BIHAR ----------- 2 15/5/2009 Heard counsel for the petitioners and counsel for the State. This is an application for anticipatory bail for the offences punishable under sections 147, 148, 149, 341, 323, 337 and 307 of the Indian Penal Code and section 27 of the Arms Act. Considering the fact that the alleged occurrence is of 2.3.2009 and the implication of the petitioners in the First Information Report filed on 5.3.2009 to be armed with country made pistol and having opened fire on one Kameshwar Pandey with two others also does not get substantiated as is recorded in the order of the Sessions Judge, this Court would find that at least case of the petitioners are quite distinguishable from other co- accused, namely, Sharban Rai and Ramjee Rai. That being so, this Court would direct the petitioners, namely, 1. Deepak Kumar, 2. Ravindra Rai, 3. Binod Rai and 4. Bittu @ Bittu Kumar to surrender before the court below within a period of four weeks from today and if the court below would find that the petitioners have got no criminal antecedents, it would release the petitioners on bail on furnishing bail bonds of Rs. 10,000/- ( Ten thousand ) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (M) P.S.Case no. 142 of 2009, 2 subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar (Mihir Kumar Jha, J.)