IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39640 of 2010 1. Pan Mohammad, son of late Wakil Mohammad. 2. Rafique Mohammad, son of Hakim Mohammad. 3. Ajay Manjhi, son of Hari Kishun Manjhi. 4. Sanif Mohammad @ Sanif Miya, son of Barai. 5. Safique Mohammad @ Mohammad Safique son of Kakim Mohammad. 6. Mahandi Mohammad, son of Samtul Mohammad. 7. Imataz Mohammad @ Intaj Hussain, son of late Hasim Mohammad. All are resident of village- Asahani, P.S. Rasulpur, District-Saran. ----------- Petitioners. Versus THE STATE OF BIHAR-- Opp. Party. ----------- 2/ 03-11-2010 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under section 302/34 of the Indian Penal Code as also section 27 of the Arms Act, vide Annexure-1, which, in fact, is based on a complaint petition. The petitioners are alleged to have assaulted the deceased, resulting into his death. It is submitted that with respect to same occurrence dated 27.07.2006, a village chowkidar has also lodged an F.I.R. giving rise to Rasulpur P.S. Case No. 38 of 2006 dated 27.07.2006 under section 304/34 of the Indian Penal Code, vide Annexure-3, but that depicts altogether different story and the manner in which the deceased was killed. Learned counsel for the petitioners further submits that on close of investigation, police submitted final report as “clueless” and the petitioners were not charge-sheeted. However, the protest petition filed by the 2 informant/complainant, was treated as complaint petition and after enquiry the cognizance has been taken against the petitioners and as such they reasonably apprehend their arrest. Learned Addl. P.P. for the State as also Mr. Ramchandra Singh, learned counsel for the informant have strongly opposed the prayer for anticipatory bail. Be that as it may, in the facts and circumstances of the case, their prayer for anticipatory bail is allowed and in the event of their arrest or surrender within a period of four weeks from today, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Kamlesh Chandra Mishra, the learned Judicial Magistrate, Chapra in connection with Rasulpur P.S. Case No. 48 of 2006, subject to the conditions as laid down under section 438(2) of the Cr.P.C. BTiwary/ ( Birendra Prasad Verma, J.)