IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2708 of 2010 01. MD.JASEEM S/o Md. Jainul Haque 02. Md. Guddu, S/o Md. Shamim Both resident of Village- Balat, P.S.- Sakari, District- Madhubani …… Petitioners Versus The STATE OF BIHAR with Cr.Misc. No.5 of 2010 01. AZAJ AHMAD @ PHOOL BABU, S/o Azahar Hussain, R/o Balat, P.S.- Sakari, District- Madhubani ….. Petitioner Versus The STATE OF BIHAR . ----------- 02 25.03.2010 Both the Criminal Miscellaneous applications arise out of a common Police Station case, therefore, are being taken up together for convenience. Heard the parties. Petitioners apprehend their arrest in connection with Sakri P.S. Case No. 433 of 2008 dated 20.8.2008 registered under Sections 302, 307, 120B/34 of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted by learned counsel for the petitioners that even according to the prosecution case, there is direct allegation of firing against co- accused Md. Islam @ Japanee and Md. Naseem. Petitioners are not said to be present there at the time of occurrence. Only material against the petitioners is that aforesaid two accused persons along with seven other persons including the petitioners had held a secret meeting a month earlier and had allegedly hatched a conspiracy to 2 commit the offence in question. Learned counsel for the petitioners had drawn attention of this Court towards order dated 17.12.2009 Annexure-3, whereby other co-accused persons, with almost similar and identical allegations, have been extended the privilege of anticipatory bail. Learned counsel for the State has fairly conceded the aforesaid position. In the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest or surrender within 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 Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 433 of 2008 subject to the conditions laid down under Section 438 (2) Cr.P.C. P.K. (Birendra Prasad Verma, J.)