IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12400 of 2008 JAFRUL & ANR Versus STATE OF BIHAR ----------- 2 05.05.2008 Heard the learned counsels for the petitioners and the State. The petitioners apprehend arrest in Barahat (Banka) P.S.Case No. 364 of 2007 registered under sections 302/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on perusal of the allegations levelled in the first information report it would appear that the specific allegation is against Md. Guddu, Md. Khursid & Md. Bhallu of killing the husband of the informant by pressing the neck by lathi. It is submitted that the petitioners are man of repute and have no criminal antecedent. It is further submitted that on perusal of the post mortem report it would appear that the doctor did not find any of the alleged injuries. As such the petitioners are apprehending their arrest and are entitled to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioners. Having considered the submissions and on perusal of the materials on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Jafrul & Jaushar be released on anticipatory bail on - 2 - furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Barahat (Banka) P.S.Case No. 364 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)