IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34640 of 2010 1. Rajkeshwar Pandey @ Kakia Pandey, son of Late Kishun Pandey 2. Jaya Kant Yadav @ B.D. Pandey, son of Late Ram Sanehi Pandey 3. Wakil Pandey, son of Late Ram Sanehi Pandey 4. Rajendra Pandey @ Bagedan Pandey, son of Late Loknath Pandey 5. Bhikhari Pandey, son of Lalan Pandey 6. Manoj Pandey, son of Wakil Pandey 7. Sanjay Pandey, son of Nandu Pandey 8. Ashok Pandey, son of Sudarshan Pandey 9. Madan Pandey, son of Vindyachal Pandey 10. Dinanath Pandey, son of Sumair Pandey Petitioners Versus THE STATE OF BIHAR OP ----------- 2/- 10.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners, namely, Rajkeshwar Pandey @ Kakia Pandey, Jaya Kant Yadav @ B.D. Pandey, Wakil Pandey, Rajendra Pandey @ Bagedan Pandey, Bhikhari Pandey, Manoj Pandey, Sanjay Pandey, Ashok Pandey, Madan Pandey, and Dinanath Pandey, apprehend their arrest in connection with Complaint Case No. 1606 of 2007, registered under Sections 148, 301 of the Indian Penal Code and 27 of the Arms Act. Initially, the Chenari P.S. Case No. 16 of 2007 was registered in respect of alleged occurrence and the aforesaid Police Case was investigated. The police after due investigation submitted final form showing as mistake of fact. After submission of final report the complainant preferred protest petition, which was treated as Complaint Petition and subsequently cognizance for the offence was taken. 2 Learned counsel for the petitioners points out that for the same occurrence the family members of the deceased lodged Shivsagar P.S. Case No. 16 of 2007 against the prosecution party and in the aforesaid case chargesheet was submitted and the prosecution party of this case are facing trial in the Court below. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, named above shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1606 of 2007 to the satisfaction of Judicial Magistrate, 1st Class, Sasaram subject to condition as laid down under Section 438 (2) of the Cr. P.C. Ashwini/- (Hemant Kumar Srivastava, J.)