IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.730 of 2010 1.SUDAMA SAH son of Rudal Sah 2.Suresh Sah son of Sudama Sah 3.Sanjay Sah son of Sudama Sah 4.Naresh Sah son of Sudama Sah 5.Rupnarayan Sah son of Sudama Sah 6.Tara Devi wife of Suresh Sah, all resident of village Sugaha, Bhawanipur, P.S.Kangli, Dist. West Champaran …….Petitioners. Versus STATE OF BIHAR ----------- 2 24.2.2010 Heard Mr. Ramadhaya Singh, learned counsel for the petitioners , Mr. Chandra Mohan Jha, learned counsel for the informant and Mr. Nand Kumar, learned A.P.P. for the State. There are six petitioners who apprehend their arrest in a case instituted under section 307 and other allied offences under the Indian Penal Code. Learned counsel for the petitioners has submitted that according to the prosecution case petitioners Sudama Sah, Suresh Sah, Naresh Sah and Rupnarayan Sah are not alleged to have used any lethal weapon and allegation of assault by Garassa is only against the petitioners Sanjay Sah and Tara Devi. Learned counsel appearing for the State and the informant have also not disputed this position. Be that as it may, in the facts and circumstances of the case ,let the above named petitioners no. 1,2,4,5 in the event of their arrest or surrender in the court below within four weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah , West Champaran in Kangali P.S. case no.27 of 2009, - 2 - subject to the conditions laid down under section 438(2) Cr.P.C. So far prayer for anticipatory bail made on behalf of petitioner nos.3 & 6 namely Sanjay Sah and Tara Devi is concerned, their prayer for anticipatory bail is rejected. They are directed to surrender and seek regular bail, if so advised. (Birendra Prasad Verma, J) M.Rahman