IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22512 of 2009 1. BIJAY YADAV 2. LALU YADAV Versus STATE OF BIHAR ----------- 02 11.09.2009 Heard both sides. While pressing this application for anticipatory bail in a case instituted under Sections 307/34 of the Penal Code and 27 of the Arms Act, it is submitted that they have been named in the F.I.R. along with 04 others. So far as petitioners are concerned, there is general and omnibus allegation of firing. It is specifically alleged in the F.I.R. that co-accused Sri Yadav was armed with gun. It is next contended that the injury sustained by the wife of the informant were simple/superficial in nature. It is further highlighted that parties are on inimical terms. Having regard to the fact that there is general and omnibus allegation against the petitioners in so much so the informant has not alleged as to whether they were armed with gun or not, this court is persuaded to extend them the privilege of anticipatory bail. Let petitioners, above named, in the event of their arrest or surrender before the court below within a period of 04 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Lakhisarai in connection with Lakhisarai P.S.Case no. 471 of 2007, subject to the conditions as laid down under Section 2 438(2) of the Cr.P.C. It is made clear that no sooner the case reaches up to the level of the trial, the petitioners shall appear before the court below in person on each date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial court may consider cancellation of bail and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)