IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48497 of 2008 1. AJAI RAI 2. KRISHNA RAI 3. BHARAT RAI 4. SUBODH RAI @ SUBODH KUMAR RAI Versus THE STATE OF BIHAR ----------- 2/ 15/12/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 307, 452, 324, 504, 379, 325, 323, 341, 149, 148 and 147of I.P.C. The submission is that the F.I.R. specifically names 10 accused armed who assaulted named persons causing fractures. There is no reference to any 11th person or more persons accompanying the 10 accused. The names of the petitioners have transpired during investigation of omnibus assault. Learned counsel for the informant submits that in paragraph-57 of the case diary injured F.I.R. witness Indrawati Devi has named the petitioner. The assault on the informant and Indrawati Devi being common and at the same time, the failure of the prosecution-witness Indrawati Devi or any other F.I.R. witness to name the petitioners along with 10 named or even to mention that the named 10 were accompanied by any more persons persuades this Court 2 to grant them the privilege of anticipatory bail. Having considered the facts and circumstances of the case, let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Arai in connection with Barahara (Krishnagarh) P.S. Case No.76 of 2008, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)