IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2570 of 2009 1. Shiv Narayan Prasad S/o Late Yadunandan Prasad, R/o village Shivrampur, P.S.Belaganj District Gaya. 2.Girish Prasad Diwakar. 3.Munna Kumar, Both sons of ShivNarayan Prasad. R/o village Shivrampur, P.S.Belaganj District Gaya, Presently residing at village Rupaspur, P.S.Buniyadganj District Gaya. Versus STATE OF BIHAR ----------- 2. 13.05.2009 Petitioners apprehend their arrest in Belaganj P.S.Case No. 167of 2008 for the offences u/s 1247, 148, 149, 427, 380, 504, 384 IPC. Heard. The allegation on the petitioners is that they along with 10-12 others being variously armed went to informant’s house and destroyed diesel machine, fodder cutting machine, hand pipe, Dalan, cattle-shed, sewing machine, tiles and other utensils and house-hold articles as well as roof of the house and they also destroyed the food grains kept in earthen vat (Kothi) and breaking open the box, took away silver ornaments, Rupees five thousand cash and new clothes etc. It is alleged that the petitioners were pressurizing the informant for transferring his land to them and on refusal they committed the offence. Learned counsel for the petitioner, referring to Annexures-2 and 3 submitted that prior to the occurrence, the family members of the petitioners had lodged F.I.R. against the informant and others and that this case was instituted falsely. Referring to Annexure-4 which is service certificate showing the date of birth of the petitioner No.1 Shiv Narayan Prasad as 2 7th December 1935, it is submitted that he is a retired service man aged 74 years. Thus hearing, irrespective of the allegations and considering the age of petitioner no.1 Shiv Narayan Prasad, in the event of arrest of surrender within two weeks, he is directed to be enlarged on anticipatory bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sure ties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Belaganj P.S.Case No. 167 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far petitioner Nos. 2 and 3 are concerned, I do not feel inclined to allow anticipatory bail to them. Hence, their prayer for anticipatory bail is rejected. Jay/ ( C. M. Prasad. J. )