IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49661 of 2008 1. SHAILENDRA PRASAD S/O AWADHESH PRASAD 2. MUNNA PRASAD S/O RAJENDRA PRASAD 3. RAJENDRA PRASAD S/O RAGHUNI PRASAD ( ALL R/O VILL. LAKHMA BIGHA, P.S. PARWALPUR DIST. NALANDA) --- PETITIONERS. Versus STATE OF BIHAR  OPP. PARTY. For the petitioners: MrAbhimay Raj, Advocate. For the State: Mr. Rijwanul Haque, APP. . With Cr.Misc. No.52508 of 2008 MANISH PRASAD S/O BRAJ KISHORE PRASAD, R/O VILL- LAKHMA BIGHA, P.S. PARWALPUR, DIST. NALANDA. --- PETITIONER Versus STATE OF BIHAR --- OPP. PARTY. For the petitioner: Mr.Anjani Kumar, Advocate. For the State. Mr. S.R.Haque, APP. ----------- 5. 30.04.2009 These matters have been listed under the heading to be mentioned at the instance of the petitioner of Cr. Misc. No. 52508 of 2008. These two anticipatory bail applications were disposed of under order dated 27.04.2009 but before the order could be transcribed and signed it was mentioned that some wrong facts have been included in the order, and as such, the order could not be signed. Today these matters are being disposed of. Heard both sides. Both the matters arise out of the same P.S. being Parwalpur P.S.Case No. 24/2008 instituted under Sections 147, 2 148, 149, 447, 302 and 504 of the Penal Code. As per allegation in the F.I.R., three petitioners herein, namely, Shailendra Prasad, Munna Prasad and Rajendra Prasad in Cr. Misc. No. 49661 of 2008 and Manish Prasad in Cr. Misc. No. 52508 of 2008 constituted members of a mob. The informant has alleged that co-accused Mukesh Prasad and Manish Prasad assaulted the informant’s husband with ‘gadasa’ and ‘farsa’ respectively. As a result of which he received injury and fell on the ground and subsequently died. The further allegation is that all the accused persons fled away from the scene of the occurrence. Learned counsel for the petitioners submits that the police investigated the case and thereafter submitted charge sheet against only two accused persons, namely, Anil Prasad and Mukesh Prasad. So far as the present sets of accused persons are concerned, they were not sent up for trial by the police. Subsequently, the learned court below differing with the police report has taken cognizance and hence there is apprehension. It is further contended on behalf of the petitioner Manish Prasad that the post mortem report does indicate that the deceased received only one injury on the parietal portion caused by hard and blunt substance whereas the petitioner was allegedly armed with ‘farsa’. It is further contended that co-accused Mukesh Prasad has since been granted the privilege of bail by this court. Having regard to the facts appearing from the record 3 including the fact that they were not initially charge-sheeted by the police, this court is persuaded to extend the privilege of anticipatory bail to the petitioners of both the cases. In the event of their arrest or surrender within a period of four weeks from today before the court below, above named petitioners are directed to be released on 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 Additional Chief Judicial Magistrate/Judicial Magistrate Ist Class, Hilsa, Nalanda, in connection with Parwalpur P.S. Case No. 24 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure Code. Sym/ (Kishore K. Mandal, J.)