IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34223 of 2008 1. PAWAN KUMAR YADAV @ PAWAN YADAV son of Upendra Yadav 2. SANJAY YADAV son of Upendra Yadav 3. UPENDRA YADAV son of Late Nirsu Yadav 4. SURENDRA YADAV son of Late Nirsu Yadav 5. RAVINDRA YADAV son of Late Nirsu Yadav 6. SANJIT KUMAR YADAV @ SUJIT YADAV son of Surendra Yadav 7. RAKESH YADAV son of Ravindra Yadav All resident of village- Kajiyana, P.S.- Madhubani Town, District Madhubani. Versus STATE OF BIHAR ----------- 2 17.11.2008 As prayed for, learned counsel appearing for the petitioners is permitted to make necessary correction in the name of the petitioner no.6. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under sections 147, 323, 354, 452, 380, 504, 386/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the present complaint was filed after ten days of filing of the earlier first information report for some sort of similar allegations. It is further submitted that the parties are having disputes as much as the proceeding under section 133 of the Code of Criminal Procedure is also between them. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there is - 2 - specific allegation against the petitioners in the complaint, and as such, they are not entitled to be granted the privilege of anticipatory bail. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner nos. 1, 3, 5, 6 & 7, namely, Pawan Kumar Yadav @ Pawan Yadav, Upendra Yadav, Ravindra Yadav, Sanjit Kumar Yadav @ Sujit Yadav & Rakesh Yadav 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 the Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S.Case No. 366 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. However, considering the nature of allegation levelled against the petitioner nos. 2 & 4, namely, Sanjay Yadav & Surendra Yadav, I am not inclined to grant the privilege of anticipatory bail to them. Their prayer for grant of anticipatory bail is, accordingly, rejected. Manish/- ( Shailesh Kumar Sinha,J.)