IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30562 of 2007 1. Shree Kant Pandey son of late Ram Kishun Pandey, resident of Village- Madanpura, Post Office- Mohandarwan, Police Station- Bhabua ( Sonhan), District- Kaimur at Bhabua, at present posted as Asstt. Sub-Inspector of Police , Police Station Rumi Saidpur, District Sitamarhi. 2. Prem Shanker Mishra son of late Ram Nagad Mishra, resident of village- Mohanpur, Post Office- Bassantpur, P.S. Muffasil Arrah, District- Bhojpur ( Arrah), at present posted as Assistant Inspector of Police, Special Branch Jharkhand, Ranchi. …………………… Petitioners. Versus The State of Bihar ………… Opposite Party. ----------- 15/ 10-12-2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioners are accused for the offence punishable under sections 364, 302, 201/34 of the Penal Code. Learned counsel for the petitioners submits that the petitioners are police personnel who are accused alongwith several other accused persons in the complaint and were posted in the concerned police station during the period of occurrence. Learned counsel for the petitioners further submits that no specific overt act has been alleged against the petitioners and they have been falsely implicated . He further submits that on similar circumstances several co-accused persons, namely, Samir Singh, Nandu Paswan and Mudrika Prasad Yadav, who were all police personnel, had filed their anticipatory bail petitions in Cr.Misc. No. 21891 of 2005,20328 of 2005 and 32777 of 2007, which were allowed by this Court.. From order dated 19.09.2007 it appears that the complainant- Opposite Party No.2 , had stated before this Court that he shall move for recall of the other orders of anticipatory bail with regard to Samir - 2 - Singh and Nandu Paswan, but admittedly till date no such application for recall/ cancellation of the order of anticipatory bail has been filed. Furthermore, Cr.Misc. No. 51532 of 2007 filed by the complainant for recalling the anticipatory bail order with regard to Mudrika Prasad Yadav has been dismissed today. In the said circumstances, this petition for anticipatory bail is allowed. In case of surrender/ arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely, Shree Kant Pandey and Prem Shankar Mishra, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 432 of 1996, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. B.Tiwary/ (S.N Hussain,J)