IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44930 of 2009 1. PREM RAI S/o Amar Rai. 2. Jamuna Rai S/o Amar Rai 3. Jai Prakash Rai S/o Harishchandra Rai 4. Raj Kishore Rai S/o Shivachandra Rai 5. Amar Rai S/o Devnandan Rai 6. Sheo Chandra Rai S/o Amar Rai Versus STATE OF BIHAR ----------- 2/ 26.02.2010 Heard. Learned counsel seeks permission to withdraw the prayer for anticipatory bail on behalf of petitioner no. 6, who was arrested during the pendency of this application and subsequently released on bail. Remaining petitioners apprehend their arrest in a case under Sections 341, 323, 504, 307/34 of the Indian Penal Code. Counsel for the petitioners submits that there is a case and counter case. Learned counsel submits that their side has also sustained injuries. Learned counsel further submits that there is general allegation against petitioner nos. 2, 3 and 4 of having assaulted with Lathi and sticks. Counsel for the informant submits that the injured has sustained grievous injury. He further submits that there is specific allegation against petitioner nos. 1 and 5 Prem Rai and Amar Rai. Having heard the submissions of the learned counsel for the parties, I am not inclined to grant anticipatory bail to petitioner nos. 1 and 5. Their prayer for bail is rejected. However, taking into consideration that there is no specific overt act alleged against petitioner nos. 2, 3 and 4 namely Jamuna Rai, - 2 - Jai Prakash Rai and Raj Kishore Rai, and injuries are attributed to the others, in the event of arrest or surrender within six weeks from today before the court below in connection with Ghorasahan (Lakhaura) P.S. case no. 21 of 2008, above named petitioners shall be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikarhana at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let this order be sent through FAX at the cost of the petitioners. Uday/ (Samarendra Pratap Singh, J.)