IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57584 of 2007 ZAFAR IMAM @ RAJU & ANR Versus STATE OF BIHAR ----------- 2 06.05.2008 As prayed for learned counsel for the petitioner is permitted to make necessary correction in paragraph 8 of the petitioner with regard to the name of the accused. Heard the learned counsels for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 899 of 2007 registered under sections 392/323/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the present complaint is virtually in retaliation of the earlier complaint filed by one of the accused Julkar Nain vide complaint No. C497/04 which was filed on 14.08.2004 whereas the present complaint has been filed on 11.09.2004. It is further submitted that co-accused namely, Syed Julkan Nain and Syed Nurul Imam having similar allegation have been granted anticipatory bail by this Court vide order dated 29.01.2007 passed in Cr. Misc. No. 651 of 2007, as stated in paragraph 8 of the petition. As such, the petitioners deserve to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioners. Having considered the submissions and on perusal of the - 2 - averments made in the petitioner and the allegations levelled complaint petition and the complaint filed by co-accused (Annexure- 2), it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Zafar Imam @ Raju & Maqbool Alam be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Sikrahna at Motihari, in connection with Complaint Case No. 593 of 2004 ( Trial No. 2422 of 2006) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)