IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42243 of 2009 1. GAIBI PRASAD SINGH, son of late Chamak Lal Singh 2. Manoranjan Prasad Singh, son of Onkar Prasad Singh Both resident of village Kolhatha, P.S. Barachat (Banka), District Banka Versus STATE OF BIHAR ----------- 3. 4.3.2010 Heard counsel for the petitioners and the counsel for the State. Considering the fact that the petitioners are facing prosecution for offence u/s 307 and other allied offences of the Indian Penal Code wherein specific allegation of assault is against petitioner no.2, this Court is not inclined to grant anticipatory bail to him. Consequently the prayer for anticipatory bail of petitioner no.2, Manoranjan Prasad Singh, is hereby rejected. It goes without saying that if petitioner no.2 would surrender and seek regular bail the same shall be decided on its own merits without being prejudiced by this order. So far petitioner no.1 is concerned, not only there is omnibus allegation against him but he is said to be 2 aged above 75 years on the basis of his voter identification card. Considering the fact that he had also got no criminal antecedent this Court would direct that if petitioner no.1, Gaibi Prasad Singh, would surrender in the court of Chief Judicial Magistrate, Banka within a period of four weeks from today he will be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each in Banka (Barahat) P.S.Case No. 119/2009 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Mihir Kumar Jha,J.) Surendra/