IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23915 of 2008 MD. MAHFOOZ @ MD. MAHFOOZ ALAM & ORS Versus STATE OF BIHAR ----------- 2/ 11.07.2008 Heard learned counsel for the petitioners and learned APP for the state. Apprehending their arrest in Purnea Sadar P.S. Case No. 411/2007, registered under Sections 147, 148, 149, 323, 324, 307 and 436 of the IPC, the petitioners Md. Mahfooz @ Md. Mahfooz Alam, Md. Mobin, Md. Hamid, Md. Azam, Md. Allauddin, Md. Zalauddin Md. Naiyar Alam and Munna @ Md. Ehtashamul Haque, who have been refused anticipatory bail by the learned Sessions Judge, Purnea, have filed this petition for anticipatory bail. Except Sections 307 and 436 of the IPC all other offences are bailable in this case. Allegation of setting fire is attributed against one accused Md. Salauddin who is not petitioner. Petitioner no. 3, Md. Hamid and petitioner no. 8, Munna @ Md. Ehtashamul Haque are said to be armed with Fersa and Dabiya respectively. Rest petitioners namely, Md. Mahfooz @ Md. Mahfooz Alam, Md. Mobin, Md. Azam, Md. Allauddin, Md. Zalauddin and Md. Naiyar Alam are admitted to anticipatory bail and in the event of their arrest or surrender in the court below, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea, in connection with Purnea Sadar P.S. Case No. 411/2007 subject to the - 2 - conditions as laid down under Section 438(2) of the Cr.P.C. So far petitioners nos. 3 & 8 namely, Md. Hamid and Munna @ Md. Ehtashamul Haque are concerned there appears allegation against them being armed with Fersa and Debiya, their prayer for anticipatory bail stands rejected. However, their regular bail shall be considered on merit. Sanjeet (Subash Chandra Jha, J.)