IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11431 of 2010 1. MOTI LAL SINGH SON OF LATE LAL BABU SINGH 2. MUNCHUN KUMAR SON OF SRI HARI NARAIN SINGH 3. LAFU KUMAR SON OF SRI PACHHU KAHAR ALL ARE RESIDENTS OF VILLAGE- PARTHU, P.S. PIPRA KALYANCHAK, DISTRICT-PATNA Versus THE STATE OF BIHAR ----------- 2 4-5-2010 Heard learned counsel for the petitioners and learned counsel for the State. The prayer in this application is for grant of anticipatory bail in Jehanabad Rail PS case no. 221/09 u/s 174(B), 153 and 147 of the Railway Act. During the investigation the names of petitioners have also transpired among members of the mob which committed mischief and obstructed the railway track disturbing the running of the train not on account of any happening with the railways but due to an accident on the road of a TATA 407 vehicle near Potahi railway station. It has been submitted that there is no legal evidence against the petitioners except confessional statement of co-accused Tinku Singh and Pintu Singh who have already been released on bail by the Sessions Court. It is not a fit case for grant of privilege of anticipatory bail. The prayer is rejected. However, if the petitioners surrender within six weeks and pray for regular bail then the same should be considered expeditiously, preferably on the date of surrender itself, considering that evidence is only of co-accused who have been allowed bail. BKS/ (Shiva Kirti Singh, J.)