IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4873 of 2010 1. NAWAL YADAV 2. Buchhi Yadav 3. Pramod Yadav All serial nos.1 to 3 sons of Siya Ram yadav. 4. Birendra Yadav,son of Monarika yadav 5. Nande Yadav,son of Shibu Yadav 6. Rohit Yadav,son of Harihar Yadav All are resident of village-Rangila Bigha,P.S.-Nalanda,District-Nalanda .. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 15-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Deepnagar P.S.Case No.163/2008 dated 22-11-2008, registered under Section 302/34 of the Indian Penal Code. According to prosecution case, petitioners are alleged to have committed murder of the father of the informant. However, there is no specific allegation of specific assault against any of the petitioners. Allegations are general and omnibus. Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioners, submits that allegation against the petitioners are absolutely false and wrong and on close of the investigation police submitted Final Form No.81 of 2009 dated 28-05-2009 (Annexure- 2) and these petitioners were not charge sheeted instead the informant and some other persons have been charge sheeted. However, the learned Magistrate disagreeing with the police report took cognizance against the petitioners also. The learned counsel for State, though has opposed the 2 prayer for anticipatory bail, but has not disputed the aforesaid factual position. In the aforesaid background and in view of the fact that petitioners were not charge sheeted by the police, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)