IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45069 of 2009 NARESH CHOUDHAY @ NARESH KUMAR CHOUDHARY Versus The STATE OF BIHAR ---with--- Cr.Misc. No.45548 of 2009 UPENDRA DAS Versus The STATE OF BIHAR ------ 2/ 12.01.2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are not assailants. Three motorcycle riders are shown to fire upon the deceased. Petitioners are shown present nearby the place of occurrence on motorcycle, for which submission of the learned counsel for the petitioners is that their presence was not as participants or associates of assailants rather their presence was for other purpose as the place was the Chowk. Further, according to the learned counsel in no case any liability can be fixed for refusal of anticipatory bail. Considering the facts and circumstances of the case, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Musrigharari P.S. Case No. 82 of 2009, above named petitioners 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 C.J.M., Samastipur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)