IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15417 of 2008 NOORUL MIAN Versus THE STATE OF BIHAR ----------- Cr.Misc. No.17273 of 2008 AMIT KUMAR MISHRA & ORS Versus STATE OF BIHAR ----------- 4. 4.7.2008 Since both the cases arise out of the same P.S.Case they have been heard together and are being disposed of by this common order. The applications are for anticipatory bail in Sathi P.S.Case No. 99/2007 filed under sections 380, 504, 427, 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act. As regards the petitioner Noorul Mian it was submitted that a bare perusal of the F.I.R. would show that he was simply a member of the mob and no overt act has been assigned against him. As regards the other petitioners, namely, Pradeep Kumar Mishra, Arun Kumar Mishra @ Chhotu Mishra and Varun Kumar Mishra @ Prince Mishra, it was submitted that the allegations against them are general and omnibus in nature. The allegations also make out a simple case of assault and the allegation of taking away chairs and furniture is simply super imposition in order to make the case non-bailable one. Regarding the petitioner Amit Kumar Mishra it was submitted that the father of the petitioner had civil litigation with the informant of the case. Hence, just to pressurize him this false case has been filed. He also referred to the injury report mentioned in the case diary and submitted that one 2 Surendra/ Binod Mishra and not the informant was examined by the doctor. This fact goes to show that the case is false. Learned A.P.P. opposed the submissions and contended that there is direct allegation against the petitioner Amit Kumar Mishra for firing though it did not touch the body of the informant. Considering the submissions of both the parties, all the petitioners, namely, 1. Noorul Mian, 2. Pradeep Kumar Mishra, 3. Arun Kumar Mishra @ Chhotu Mishra and 4. Varun Kumar Mishra @ Prince Mishra, except the petitioner Amit Kumar Mishra, are directed to surrender before the court below within four weeks from today and in the event of their surrender within that period or arrest they shall be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in the aforementioned case, subject to the conditions as laid down u/s 438(2) Cr.P.C. Regarding the petitioner Amit Kumar Mishra, considering the allegation made in the F.I.R., I do not feel inclined to grant anticipatory bail to the accused. His prayer for bail is rejected. However, he may surrender before the lower court and pray for regular bail and in that event the learned lower court shall dispose of the application on merit without being prejudiced by this order. ( Rekha Kumari,J.) 3