IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48424 of 2008 1.PARAM HANS RAI SON OF RAM GATI RAI 2.MANOJ RAI SON OF SUKH NANDAN RAI 3.PARAM RAI @ PARMANAND RAI SON OF SHITAL RAI ALL RESIDENT OF VILLAGE NAYA GAON,P.S.DESARI,DISTRICT VAISHALI 4.SUNIL RAI SON OF PREM RAI RESIDENT OF VILLAGE GANIARI,P.S.DESARI,DISTRICT VAISHALI Versus STATE OF BIHAR ----------- 2/ 10.2.2009 Heard learned counsel for the petitioners, learned Addl.P.P. and learned counsel appearing for the informant. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 147,148,323,324,379 and 506 of the Indian Penal Cods and 27 of the Arms Act. Allegation is that when the informant went for measurement of land over which Panchayat Bhawan was to be constructed, the petitioners and others forming an unlawful assembly came and committed various sorts of act. Co-accused Prem Rai fired at the informant and others assaulted him with traditional weapons. Submission is that in the supervision note the Dy.S.P. has observed that witnesses have not alleged that the any firing was resorted to but he found the case to be true against all the accused persons under Sections 148,324, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. The prayer for grant of anticipatory bail of the petitioners has been opposed by learned counsel appearing for the informant. Considering the facts and circumstances of the case, this application is allowed. The above named petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released 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, Vaishali at Hajipur in Desari P.S.Case No. 80 of 2008, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. After passing above order, learned counsel appearing for the informant has submitted that petitioner no.2 Manoj Rai has been arrested yesterday. Learned counsel for the petitioners submits that he has no information in this regard. However, if petitioner no.2 Manoj Rai has been arrested, then this order shall not be given effect to with regard to petitioner no.2. Tahir/- ( Shyam Kishore Sharma, J.)