IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33171 of 2009 1.RAM BHAROSA MEHTA, son of Megha Mehta. 2.SUBODH SINGH, son of Prabhunath Singh. 3.SHAILESH SINGH, son of Ramnaresh Singh. All resident of Village Rasulpur, P.S. Derni, District-Saran(Chapra) ----PETITIONERS Versus STATE OF BIHAR ----------- 2. 11.11.2009 Heard the learned counsel for the petitioners and the State as also the informant. The petitioners are apprehending their arrest in connection with Derni P.S. Case No.6/05 (Complaint Case No.571/08) corresponding to U.T. No.189/09 for the alleged offences registered under sections 448, 307, 120B/34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel for the petitioners submits that the petitioners have been implicated in this case on mere suspicion for having admitted land dispute with petitioner no.1. It is further submitted that the police after investigation submitted final form. However, the learned Magistrate on protest petition filed by the informant took cognizance of the offence against the petitioners. Further submission is that on perusal of the Fard beyan and the averments made in the protest petition, it would appear that the allegation differs. In the F.I.R. it has been alleged that there is a land dispute between the informant and petitioner no.1 and as such petitioner no.1 might have sent two persons to kill the informant. However, in protest petition it is stated that petitioners no.1 and 3 2 came in the motorcycle and petitioner no.2 fired. In the above circumstances, prayer is for grant of anticipatory bail. Learned counsel appearing for the informant submits that the informant sustained serious injury on his shoulder and during re-instatement the informant has named these two petitioners. Learned APP appearing for the State submits that petitioner no.1 is the named accused. However, in the F.I.R. the informant suspects that petitioner no.1 had hand in the commission of the alleged offence. Considering the facts and circumstances of the case, let petitioners no.1 to 3 above named, in the event of their arrest or surrender in connection with Derni P.S. Case No.6/05 (Complaint Case No.571/08) corresponding to U.T. No.189/09, within a period of four weeks from today, be enlarged 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 Judicial Magistrate, 1st Class, Chapra, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)