IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24685 of 2008 UMESH KHARWAR & ORS Versus STATE OF BIHAR ----------- 3. 23.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Darauli P.S. Case No.39 of 2008 for the alleged offences registered under section 307 of the Indian Penal Code. The allegation of assault by Garasa is specifically against petitioner no.1 Umesh Kharwar. The only allegation against petitioner no.2 Rajesh Kharwar is that he reached at the place of occurrence with Lathi in his hand and against petitioner no.3 is that he caught hold of the informant. The learned APP appearing for the State submits that in view of the specific allegation against petitioner no.1, he is not entitled for bail. Considering submissions of the parties, it is directed that petitioners no.2 and 3, namely, Rajesh Kharwar and Babulal Kharwar, respectively, in the event of their 2 arrest or surrender in connection with Darauli P.S. Case No.39 of 2008, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. As regards petitioner no.1 Umesh Kharwar, his prayer for grant of anticipatory bail is rejected. However, on surrender if an application for bail on his behalf is filed, the same shall be considered on its own merits without being prejudiced by the present order. PNM (Shailesh Kumar Sinha, J.)