IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30640 of 2009 1. Nand Lal Rai @ Nanda Rai. 2. Satish Rai. Both sons of late Harendra Rai, resident of village-Sararia, P.S.- Lalganj, District-Vaishali. ……….Petitioners. Versus THE STATE OF BIHAR ……….Opp. Party ----------- 2/ 04.09.2009 Heard learned counsel for the petitioners and the State. Petitioners are alleged to have leading a mob of 50-60 persons assaulted the informant and others as well as looted the articles from his shop. Counsel for the petitioners submits that the alleged involvement of the petitioners in the present case just impossible. Considering that in the previous night itself the father of the petitioners had been killed and they were present at the place of occurrence of that case and proceeded to nearest Referal Hospital for treatment thereafter he was taken to the P.M.C.H. In this case petitioners’ presence at the place of occurrence at the alleged time at 7.00 a.m. in the morning cannot be believed because at that time petitioner No. 1 is present in the police station for lodging the FIR of the murder of his father. Considering these facts and also that alleged - 2 - allegation do not make out any offence under Section 3(1) (x) (xv) and 2 (III) (IV) & 1 of the SC/ST Act, prayer for anticipatory bail on behalf of the above named petitioners is allowed, in the event of their arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 75/09 subject to the conditions laid down under Section 438(2) Cr. P.C. Sanjeet/ (Mridula Mishra, J.)