IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54688 of 2007 DHARMENDRA KUMAR @ PAPPU & ORS Versus THE STATE OF BIHAR ----------- 3 9.05.2008 The petitioners apprehend their arrest in Phenhara P.S. Case No. 24 of 2007 under Sections 341, 323, 325, 379, 307 and 436/34 of the IPC. Heard. Learned counsel seeks permission to withdraw the anticipatory bail application of petitioner no. 4 Jitendra Kumar @ Binda Kumar @ Binda saying that he has already been arrested. He is permitted to do so. The bail prayer of the petitioner no. 4 Jitendra Kumar @ Binda Kumar @ Binda is dismissed as withdrawn. So far the other petitioners, namely, Dharmendra Kumar @ Pappu, Ambika Kumar, Sanjay Kumar, Roshan Kumar and Anoj Kumar, are concerned vide FIR which was lodged against the petitioners the allegation is that the accused persons ransacked his house and set fire to it. Learned counsel for the petitioners submits that vide para 38 of the case diary the allegation under Section 436 was not found true on the investigation. Regarding annexure 3, the injury report of the informant found only swelling and abrasion over the left forearm and pain of the informant. It is also submitted that prior to this case the petitioner’s brother Prabhunath Kumar had lodged FIR Phenhara P.S. Case No. 24 of 2007 under Sections 341, 323, 324, 326, 307, 379, 504/34 and the instant case was instituted out of grudge. In the facts and circumstances of the case, it is directed that in the - 2 - event of arrest or surrender within a period of four weeks the petitioners Dharmendra Kumar @ Pappu, Ambika Kumar, Sanjay Kumar, Roshan Kumar and Anoj Kumar are admitted to anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Phenhara P.S. Case No. 24 of 2007 subject to condition as laid down under Section 438(2) of the Cr.P.C. Kundan (C. M. Prasad, J.)