IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11867 of 2011 1. Dharmnath Rai, son of Late Deolal Lal 2. Manoj Rai @ Manoj Prabhakar, son of Vishwanath Rai, 3. Harendra Rai, son of Bidya Rai 4. Binda Rai, son of Late Ram Briksha Rai, 5. Arun Rai @ Arun Kumar Yadav, son of Jageshwar Rai, All resident of village – Rampur Atauly, P.S. – Isuapur, District – Saran. -------- Petitioners. Versus The State Of Bihar ---Opposite Party ----------- 04. 22.07.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with Isuapur P.S. Case No. 03/2010 for the offences under Sections 147/148/149/341/ 447/324/307/302 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Saran at Chapra. All the five petitioners are named accused in this case. There is counter version also by way of Isuapur P.S. Case No. 02/2010. As submitted, in the said occurrence both the sides have lost lives of one person each. Petitioner nos. 2, 3 and 5 carry specific allegation of shooting at, apart from others one Kalawati Devi who lost her life in the occurrence. Hence, petitioner nos. 2, 3 and 5 namely, Manoj Rai @ 2 Manoj Prabhakar, Harendra Rai and Arun Rai @ Arun Kumar Yadav are not entitled for the privilege sought. Accordingly, prayer for anticipatory bail with respect to petitioner nos. 2, 3 and 5 is hereby rejected. So far as petitioners Dharmnath Rai and Binda Rai are concerned, who were also member of the mob, but, except this there is nothing specific against them. In view of the above, in the event of their arrest or surrender within a period of four weeks, let the petitioner no. 1 and 4, namely, Dharmnath Rai and Binda Rai, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Isuapur P.S. Case No. 03/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)