IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17498 of 2009 BHOLA PASWAN Versus THE STATE OF BIHAR With Cr.Misc. No.31685 of 2009 RAM DAS PASWAN Versus STATE OF BIHAR ----------- 02 07.09.2009 Both the matters arise out of Rosera P.S. Case no. 177 of 2008, and as such, they have been heard together. The present order shall govern both the cases. Two petitioners, who are inter se brothers have approached this court seeking anticipatory bail in a case instituted under Sections 414 and 216(A)/34 of the Penal Code. As per F.I.R., two persons riding a stolen motorcycle had arrived at the common house of the petitioners. When the raid was conducted they along with these two petitioners are said to have escaped. One of the brothers of the present two petitioners made certain statement stating therein that the motorcycle which was found kept in the house of these petitioners belong to Ranjeet Paswan who had arrived at the house of the petitioners. This court finds that the petitioner Bhola Paswan carries criminal antecedents. Having regard to that aspect of the matter, this court is not inclined to extend him the privilege of anticipatory bail. Prayer for anticipatory bail is, accordingly, rejected. Let the petitioner, namely, Bhola Paswan surrender 2 and pray for regular bail before the court below which shall be considered and disposed of on its own merit uninfluenced by the present order passed by this court in the present proceeding. So far as petitioner, namely, Ram Das Paswan (in Cr. Misc. No. 31685 of 2009) is concerned, there appears to be no criminal antecedents. Learned counsel for the petitioner states that a positive statement in this regard has been made in paragraph no.10 of the bail application. Looking to the nature of allegation and the fact that it was a joint house and the fact that petitioner, namely, Ram Das Paswan does not have any criminal antecedents, this court is persuaded to extend him the privilege of anticipatory bail. Let the petitioner, namely, Ram Das Paswan in the event of his arrest or surrender before the court below within a period of 04 weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. Rosera, Samastipur in connection with Rosera P.S.Case no. 177 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Both the matters stands disposed of. Sym/ (Kishore K. Mandal, J.)