IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51597 of 2008 1. PARMANAND PRASAD S/O RAMASHRAY PRASAD. 2. JOGENDRA PRASAD S/O RAMASHRAY PRASAD 3. ARBIND PRASAD S/O BAHADUR PRASAD 4. ARJUN PRASAD S/O BAHADUR PRASAD 5. BBRABER PRASAD S/O JOGENDRA PRASAD 6. SURAJ PRASAD S/O PARMANAND PRASAD ( ALL R/O VILL. MURGIA CHAK, P.S. HILSA, DIST. NALANDA) 7. SUBHASH PRASAD S/O DEOKI PRASAD R/O VILL KAMARTHU, P.S. KARAI PARSURAI, DIST. NALANDA. ---- PETITIONERS Versus STATE OF BIHAR --- OPP. PARTY. ----------- 05. 28.04.2009 Petitioners Jogendra Prasad, Arbind Prasad, Bbraber Prasad and Subhash Prasad have approached this court for grant of anticipatory bail in a case instituted under Sections 147, 148, 149, and 302 of the Penal Code and Section 27 of the Arms Act. As per allegation in the F.I.R., these petitioners along with other accuseds formed an unlawful assembly and committed murder of the brother of the informant. The allegation of assault is against one Brij Prasad, who is said to have fired from rifle close to the temple of the deceased causing his death. So far as present petitioners are concerned, allegations against them are to form an unlawful assembly. Learned counsel for the petitioners submits that the police upon conclusion of investigation, did not send up the petitioners herein as no material was found against them. In this connection, he refers to annexure-2. It has further been 2 contended that the post mortem report does indicate that the doctor found one lacerated wound over left side of lower face near chin which is not compatible with the allegation levelled in the F.I.R. Having regard to the facts appearing from the record, this court is persuaded to grant them the privilege of anticipatory bail. In the event of their arrest or surrender within a period of four weeks from today before the court below, petitioner nos.2, 3, 5 and 7 are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa,at Nalanda in connection with Hilsa P.S. Case No. 158 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sym/ (Kishore K. Mandal, J.)