IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36476 of 2008 1. RAJ KUMAR RAM, Son of Dawarika Ram 2. SANJAY RAM, Son of Sri Bhagwan Ram 3. HARI NARAYAN RAM, Son of Nandlal Ram 4. BIRENDRA PASWAN @ BINDRA PASWAN @ SURENDRA PASWAN Son of Badan Paswan 5. HARIHAR BAITHA, Son of Butan Baitha All resident of Village Gidha, P.S. Dawath, District Rohtas --------Petitioners Versus STATE OF BIHAR ----------- 2. 21.11.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Complaint Case No.827 of 2007 for the offences under sections 147, 148, 295A and 380 of the Indian Penal Code and section 27 of the Arms Act. The allegations against the petitioners in the complaint are to the effect that in the night of 10.11.2007 at about 11:00 P.M. the petitioners were sitting near the Dev Asthan and taking liquor. On being objected by the complainant, accused persons, including these petitioners, started firing from their rifles and they threatened that in case they will object, many of their dead bodies will fall there. 2 The learned counsel for the petitioners submits that this complaint has been filed for ulterior purposes since prior to the filing of the complaint, one Sanha was lodged that the complainant is desirous of encroaching the public land near the temple and in retaliation of the same, the present case has been filed. It is thus submitted that the allegation in the complaint is an afterthought and false. The learned APP appearing for the State opposes the prayer for bail and submits that there is specific allegation of overt act against the petitioners in the complaint. In view of the nature of allegations attributed in the complaint, I am not inclined to grant anticipatory bail to the petitioners. The application is, accordingly, dismissed. PNM (Shailesh Kumar Sinha, J.)