IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46796 of 2008 1. BRIJ BIHARI RAI SON OF LATE GAYA RAI 2. MRITUNJAY RAI @ MRITUNJAY KUMAR,S/0 BRIJ BIHARI RAI 3. SANJAY RAI @ SANJAY KUMAR SHARMA, S/0 BRIJ BIHARI RAI ALL ARE RESIDENT OF VILLAGE-DUMRA, P.S.DINARA DISTRICT-ROHTAS…………………PETITIONERS. Versus THE STATE OF BIHAR…..OPPOSITE PARTY. ----------- 2. 18.12.08. Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in connection with Dinara P.S. Case No. 74/2008 for offences under Sections 341, 323, 354, 325 and 307 of the Indian Penal Code, 27 of Arms Act as well as under Section 3(i)(iv)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted that only allegation against Petitioner No. 1 is that he was order giver and Petitioner Nos. 2 is alleged to have assaulted with gandasa over head of the informant as it would be evident from F.I.R. So far, allegation of opening fire by the Petitioner No. 3 is concerned is a super addition to make the offence graver as no one has sustained any fire arm injury. Learned counsel for the State opposed the prayer for bail. Considering the facts and circumstances of the case, it is directed that in the event of arrest of surrender within a period of four weeks from today, the petitioners namely (1) Brij Bihari Rai and (2) Sanjay Rai @ Sanjay Kumar Sharma shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., - 2 - Bikramganj, Rohtas, in connection with Dinara P.S. Case No. 74/2008, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. So far application of Petitioner No. 2, Mritunjay Rai @ Mritunjay Kumar is concerned, considering the nature of the allegation against him, his prayer of grant of anticipatory bail is hereby rejected. m.p. (Shailesh Kumar Sinha, J.)