IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45944 of 2008 ARVIND SINGH son of late Mangan Singh, resident of village-Balhi Teghra, P.S._Simri Bakhtiarpur, Dist.-Saharsa Versus STATE OF BIHAR with Cr.Misc. No.46064 of 2008 KAILASH PRASAD SINGH @ KAILASH SINGH son of late Pradeep Singh, resident of village-Teghra, P.S.-Bakhtiyarpur, Dist.-Saharsa. Versus STATE OF BIHAR ----------- 2. 27.1.2009. Heard learned counsel for the petitioners and the State. Both the bail petitions have been heard together and are being disposed of by this common order as they arise out of one occurrence Initially first information report was registered under sections 307, 379, 326, 323, 341 and 147 of the Indian Penal Code. later on the injured died and section 302 of the Indian Penal was added vide order dated 15.4.2008. Altogether 13 persons including the petitioners are named in the first information report.. According to allegation there was dispute with regard to construction of road and on account of that these petitioners and some other accused persons formed unlawful assembly. Thereafter.petitioner Kailash Prasad Singh has given a blow of iron rod on the head of the informant’s father. When the informant’s father fell down all accused persons started assaulting him. The injured was taken to hospital. At that time he was unconscious and he was vomiting blood. He was referred to P.M.C.H. but died there. . - 2 - Submission is that the case of petitioners are similar to that of Bipin Kumar Singh, Kedar Prasad Singh and Krishna Kumar Singh, who have been granted anticipatory bail.in Cr. Misc. No.20978 of 2008, Cr.Misc.32628 of 2008 and Cr. Misc. No.31995 of 2008 by different orders of this court. It appears that the case of the petitioner Arvind Singh (Cr.Misc. No.45944 of 2008) is similar to co-accused Bipin Kumar Singh, Kedar Prasad Singh and Krishna Kumar Singh, who have been granted anticipatory bail by different orders of this court. So, prayer for grant of anticipatory bail of petitioner Arvind Singh is allowed. He is directed to surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order and in that event he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S.Case No.86 of 2008 subject to the conditions as laid down under section 438(2) Cr.P.C. On behalf of petitioner Kailash Prasad Singh @ Kailash Singh (Cr. Misc. No. 46064 of 2008) it has been submitted that he was posted at different place and he was not present at the time occurrence. This plea has to be investigated into. So far allegation against him is concerned, he has been described as assailant. Therefore, I am not inclined to grant him anticipatory bail. Accordingly his prayer for grant of anticipatory bail is rejected. Md.S. (Shyam Kishore Sharma,J.) - 3 -