IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5111 of 2010 PRAMOD RAI & ORS Versus STATE OF BIHAR ----------- 03. 19.05.2010 Heard learned counsel for the petitioners and the State. Petitioners are languishing in jail in a police case registered under Sections 147, 148, 323, 332, 333, 427, 379, 442 of the I.P.C. It is alleged in the F.I.R. that when the police went into the village for investigating the case registered under Section 498A of the I.P.C., the villagers including these petitioners, attacked on the police resulted into the injury to one A.S.I. It is submitted by learned counsel for the petitioners that in the night the police reached in the village and under misapprehension of criminal entering the village, the villagers attacked. There is nothing specific against the petitioners and on suspicion and speculation petitioners have been roped in the present case. With regard to several paragraphs of the case diary quoted in the impugned order, learned counsel for the petitioners submits that in these paragraphs, petitioners have not specifically been alleged as assailant rather the allegation leveled is general in nature against the villagers. It is further submitted by learned counsel for the petitioners that petitioners have no criminal antecedent. It is further 2 submitted that investigation continued for several years but never any warrant was issued or executed against any villagers including petitioners. As soon as the petitioners came to know about submission of charge sheet they surrendered on 02.12.2009. Statement has been made in paragraph no. 29 that petitioners have clean antecedent. It is submitted by learned counsel for the State Mr. Dashrath Mehta that after investigation charge sheet has been submitted against the accused persons but he has not controverted the submissions of the counsel for the petitioners that petitioners have specifically not been alleged by any witness to have made assault nor it is apparent from the case diary that ever any warrant was issued. In view of the aforesaid facts, let the petitioners namely 1. Pramod Rai 2. Rambabu Rai, 3. Kapal Rai, 4. Shivu Rai, 5. Satyanarayan Rai, 6. Agnu Rai be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Vaishali at Hajipur. Let learned Court below expedite the trial. It is made it clear that if the petitioners will fail to appear on three consecutive dates, the Trial Court will be at liberty to cancel the bail bond of the petitioners. Shageer (Dinesh Kumar Singh, J.)