1 IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34346 OF 2009 1. ASHOK RAWAT @ ASHOK KUMAR, SON OF LATE RAM PRASAD RAWAT 2. SANJAY KUMAR, SON OF ASHOK RAWAT 3. SURAJ KUMAR, SON OF ASHOK RAWAT 4. SONU KUMAR, SON OF YOGENDRA MANDAL 5. PAPPU KUMAR, SON OF YOGENDRA MANDAL ALL ARE RESIDENT OF MOHALLA RAILWAY COLONY, KHAGOOR, POLICE STATION LAKHISARAI, DISTRICT LAKHISARAI …………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR *********** 2 12/11/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending his arrest in a case under Sections 149, 323, 324, 307 and 452 of the Indian Penal Code. There is a case and counter case. As far as petitioners 2 and 3 are concerned, it is submitted that they were armed with iron rod and there is no injury to corroborate that part of the allegation. There are only two injuries which have been inflicted by hard blunt substance. Learned Counsel for the petitioners submits that petitioner no. 1 Ashok Rawat is a Central Government employee working in the Railways and therefore, his participation seems to be improbable. His name has been dragged in for some ulterior motive. Considering these facts, the above named 2 petitioners 1, 2 and 3 namely, Ashok Rawat @ Ashok Kujmar, Sanjay Kuma and Suraj Kumar are directed to be released on anticipatory bail in the event of arrest/surrenders before the Court below in Lakhisarai Police Station Case No. 245 of 2009 on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. The prayer for anticipatory bail on behalf of the above named petitioners 4 and 5 are rejected. However, this order may not prejudice the consideration of regular bail on behalf of the petitioners 4 and 5. Anand ( Sheema Ali Khan, J.)