IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39286 of 2009 NAGINA PASWAN & ORS Versus STATE OF BIHAR ----------- 2. 06. 01. 2010. It is contended that Petitioner No. 3 Saroj Paswan @ Saroj Kumar has been arrested and as such his prayer for anticipatory bail has become infructuous. Prayer for anticipatory bail of Petitioner No. 3, Saroj Paswan @ Saroj Kumar is dismissed as having become infructuous. Heard. The case has been registered under Section 307 and some other allied Sections of Indian Penal Code and the remaining five petitioners seek anticipatory bail. The fact remains that similarly situated co- accused persons have been granted regular bail by the Ist Additional Sessions Judge, Bettiah, West Champaran. That does not mean that Chief Judicial Magistrate, Bettiah, shall also grant bail as and when five petitioners surrender before him and pray for regular bail in connection with Manpur P.S. Case No. 15 of 2009. If the Chief Judicial Magistrate reads the individual allegations against the accused persons, he may find out of five petitioners, Birja Yadav @ Birjia Yadav dealt Farsa blow on Rameshwar Sah. Contention before me is that the injury has been found to be lacerated and simple in nature caused by hard and 2 blunt substance. Other accused persons do not bear any specific allegation of causing any injury to the injured person. The court below if so desires, may seek production of injury report only for deciding prayer for bail of accused Birja Yadav @ Birjia Yadav while deciding prayer for bail of other accused persons. In the meantime, court below may admit the accused Birja Yadav @ Birjia Yadav on provisional bail and take a final decision after perusing the injury report of Rameshwar Sah without being prejudiced by the present order of this Court. The present petition is disposed of with the above direction and in the above terms. Let a copy of this order be sent to the court below through FAX at the cost of the petitioners. SKBOSE (Dharnidhar Jha)