IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26409 of 2009 1. ASHARFI YADAV Son of Late Mauji Yadav 2. Umesh Yadav 3. Kapildeo Yadav @ Kapildeo Pd. Yadav Both sons of Asharfi Yadav All residents of Village- Basudeopur,Bara, P.S. Kharagpur, District- Munger. Versus STATE OF BIHAR ---------- 2 29-10-2009 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a police case under Sections 147,148,149,353,427,307 and 302 of the penal code, 27 of the Arms Act. The submission is that the order-giver is named as Shambhu Yadav and assailant as Mahesh Yadav, both of whom have been granted regular bail. The petitioners are alleged to have been members of mob and indulged in brick-batting . Considering the submission that the petitioners are members of unlawful assembly, some of whom indulged in firing causing death; this Court is not persuaded to grant them anticipatory bail. The prayer for anticipatory bail of the petitioners is rejected. Any application for regular bail on their behalf shall be considered by the court below on its own merit without being prejudiced by the present order. NKS/- ( Navin Sinha,J)