IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29835 of 2008 1. JITENDRA PRASAD @ JITTAN SON OF DEONANDAN PRASAD 2. NAGMANI PRASAD SON OF DEONANDAN PRASAD 3. ASHOK PRASAD SON OF LATE LAL BIHARI PRASAD 4. MADAN PRASAD SON OF LATE KAILASH PRASAD 5. AWADH PRASAD SONOF LATE CHHOTAN MAHTON All resident of villagte-Bhauar, P.S.-Kashichak, District-Nawada Versus STATE OF BIHAR ----------- 2. 15.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 302, 34 of the Penal Code. It is submitted that the petitioners were not charge- sheeted. The sole charge-sheeted accused has been acquitted in Sessions trial. Learned counsel for the State points out that the petitioners are alleged to have been members of unlawful assembly who were armed causing indiscriminate firing. Five injuries have been found on the person of the deceased. The petitioners being originally named as members of an assembly which indulged in assault causing several injuries, that the charge-sheeted accused may have been acquitted in Sessions trial is an aspect to be considered appropriately in an application for regular bail. The impugned order of rejection calls for no interference. The application is rejected. AKS/ (Navin Sinha, J.)