IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40782 of 2008 1. KAMESHWAR SINGH, SON OF RAJESHWAR SINGH 2. SUDARSHAN SINGH, SON OF LATE BHOLA SINGH 3. SUSHIL SINGH, SON OF SUDARSHAN SINGH 4. SUDESH SINGH, SON OF RAM PRASAD SINGH ALL RESIDENTS OF VILLAGE THIKAHA, P.S. GARKHA, DISTRICT CHAPRA(SARAN) -----------------PETITIONERS Versus THE STATE OF BIHAR------------OPPOSITE PARTY ----------- 04. 13.04.2009. Heard learned counsel for the petitioners and the State. During the pendency of this application, petitioner nos. 2 and 4 were arrested. In the circumstances, their prayer for grant of bail in the event of arrest has become infructuous, which is dismissed as infructuous. So far petitioner nos. 1 and 3 are concerned they are apprehending their arrest in connection with a case registered for the offence under Sections 307 and other allied Sections of the Penal Code and Section 27 of the Arms Act. It is submitted on their behalf that they are alleged to have assaulted the injured with butt of a country-made pistol and Lathi but such allegation has been found false during investigation and may be confirmed by perusing the case diary. Let the petitioner nos. 1 and 3 surrender in the court below within four weeks from today and apply for regular bail, which should be considered by the court below in the light of the findings recorded by the Investigating Officer and if allegation made out against the petitioners is found incorrect during investigation then they be admitted to the privilege of bail. This application is, accordingly, disposed of. - 2 - Let this order be communicated to the court of Chief Judicial Magistrate, Saran in connection with Garkha P.S. Case No. 84 of 2008 through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha,J.)