IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40023 of 2008 1. RAJ KUMAR CHOUDHARY, 2. ARVIND CHOUDHARY, sons of Late Bhagirath Choudhary, resident of Village Mahmada, P.S. Sarmera, District Nalanda ----Petitioners Versus STATE OF BIHAR ----------- 2. 5.12.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Barbigha P.S. Case No.38/2007 for the alleged offences registered under section 364 of the Indian Penal Code. It is submitted on behalf of the petitioners that the petitioners are not named accused. However, they have been implicated in this case during the course of investigation on the statement of co-accused Suresh Choudhary. It is further submitted that the said co-accused Suresh Choudhary has also named other co- accused Mannu Choudhary, who has been granted anticipatory bail by this Court and as such the petitioners should also be allowed bail. The learned APP appearing on behalf of the State opposes the prayer for bail and submits that during the investigation Mannu Choudhary is alleged to have been identified by one of the villagers but so far as the petitioner no.2 Arvind Choudhary is concerned, he entered into the house of the informant and he taken out the informant from the house. Considering the facts and circumstances of the case and the submissions of the parties, let petitioner no.1 Raj Kumar 2 Choudhary, in the event of his arrest or surrender in connection with Barbigha P.S. Case No.38/2007 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sheikhpura, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. As regards the prayer for anticipatory bail made on behalf of petitioner no.2 Arvind Choudhary, considering the nature of the allegations, I am not inclined to grant anticipatory bail to him. This application, as against him, is accordingly dismissed. PNM (Shailesh Kumar Sinha, J.)