IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12121 of 2010 1. BAIJ NATH YADAV @ BAIJ NATH SINGH,s/o Late Jagdish Yadav, 2. Ajay Singh,s/o Baij Nath Singh, 3. Rakesh Yadav @ Rakesh Singh,s/o Satya Narayan Yadav, 4. Mahendra yadav,s/o Late Basropan Yadav, 5. Rajesh Yadav @ Rajesh Singh,s/o Saryug Yadav, All residing of Vill.-Degodihari,P.S.- Charpokhari,Distt.-Bhojpur,Ara.. Petitioners Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioners :Mr. Rajiva Ranjan,Advocate For the State :Mr. Nand Kishore Prasad, Addl.P.P. ----------- 02/ 03-05-2010 Heard the parties. In a criminal prosecution for the offence under Section 307 and some other bailable and minor offences under the Penal Code as also under Section 27 of the Arms Act, it is submitted that there are case and counter case vide Annexures-1 and 3 respectively with respect to the same occurrence and a title suit is also pending between the parties. Taking into consideration the fact that petitioner no.1- Baij Nath Yadav @ Baij Nath Singh had played an important role for committing the crime under Section 307 of the Penal Code, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today in Charpokhari P.S.Case No.57 of 2009 and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the 2 present order. However, so far petitioners no.2 to 5 are concerned, no specific role has been assigned against them for committing the crime punishable under Section 307 of the Penal Code, though petitioners no.2 and 3 are alleged to have committed the crime punishable under Section 435 of the Penal Code, but that is bailable one. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in Charpokhari P.S.Case No.57 of 2009, the above named petitioners no. 2 to 5 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)