IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17625 of 2010 1. RAJ NARAYAN SINGH @ RAJ NARAYAN RAI 2. MANOJ KUMAR RAI @ BABLOO RAI Versus THE STATE OF BIHAR ----------- 2. 19.05.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners herein are accused in a case arising from Kuchhila P.S. Case No. 8 of 2010 for offence punishable under Sections 323, 341, 353 and 307/34 of the Indian Penal Code. The petitioners herein are grand-father and grand- son of the family who have been accused of assaulting a member of the raiding party who had gone to their residence in connection with an investigation arising out of Kuchhila P.S. Case No. 3 of 2010. Learned counsel for the petitioners submits that it was a case of mistaken identity and there was no occasion for the Police party to have entered the house by wrongful means at 9.00 P.M. in the night. It is contended that the petitioners mistaking the raiding party as belonging to the extremists group attacked them only to realize later on that it was the Police party. Learned counsel further submits that most of the accused persons have been granted bail by the court below itself. He also submits that whereas petitioner no. 1 is aged more than 80 years but petitioner no. 2 is a student. 2 Taking into consideration the submissions aforesaid, let the petitioner no. 1, namely, Raj Narayan Singh @ Raj Narayan Rai be released on anticipatory bail in the event of his arrest/surrender before the court below within four weeks from today, upon furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Kuchhila P.S. Case No. 8 of 2010 subject to the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. The petitioner no. 2, Manoj Kumar Rai @ Babloo Rai, if so advised, would file his application for regular bail before the court below and which may be considered and disposed of on its own merit without being prejudiced by the order of this Court. S.Sb/- (Jyoti Saran, J.)