IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45386 OF 2009 1. YUGAL RAI @ JUGAL KISHORE PRASAD, SON OF LATE LAXMI RAI 2. AWADHA RAI @ AWADHA KISHORE YADAV, SON OF LATE LAXMI RAI BOTH RESIDENT OF VILLAGE BHISA, POLICE STATION DUMRA, DISTRICT SITAMARHI 3. SUKDEO RAI, SON OF LATE BHAGALU RAI, RESIDENT OF VILLAGE GAVIPUR, POLICE STATION SITAMARHI, DISTRICT SITAMARHI ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 22/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 147, 148, 149, 307, 447, 427 & 380 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Explosive Substance Act. The matter arises out of land dispute. It is said that there was firing but nobody was injured in the said occurrence. The Police has submitted charge sheet under Section 144 and 504 of the Indian Penal Code which are bailable offences. In that view of the matter, I do not understand why the Court below has asked the petitioners to surrender and take regular bail. If the offences are bailable in nature, the petitioners would naturally be released on bail and if they are not, keeping in view the allegations made in the First Information Report and statements made on behalf of the above 2 named petitioner, all the three petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Sahiyara Police Station Case No. 18 of 2007 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)