IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11213 of 2010 1.RAJESH ISHWAR @ Ram Loli Ishwar 2.Divakar Ishwar 3.Rajeev Kumar 4.Chandan Kumar All residents of village Siuri, P.S. Cheria Bariarpur (Manjhaul O.P), Dist. Begusarai …….Petitioners. Versus THE STATE OF BIHAR……………………. O.P. ----------- 2 28.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Cheria Bariarpur P.S. Case No. 62 of 2009 dated 1.4.2009 registered under section 307 of the Indian penal Code and some other allied offences. It is submitted by learned counsel for the petitioners that there are case and counter case from both sides with respect to same occurrence, and according to the prosecution case only petitioner no.1 Rajesh Ishwar @ Ram Loli Ishwar is alleged to have assaulted the informant with iron rod. So far petitioner no. 2 to 4 are concerned, there is no specific allegation of specific overt act against them for causing any specific injury either to the informant or to any other person. Be that as it may, in view of the fact that there is general and omnibus allegation of participation in the offence in question and petitioners no.2 to 4 are not specifically attributed any specific role for causing any specific injury to the informant or any other person, in that view of the matter, petitioners no. 2 to 4, in the event of their arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Begusaria in connection with the above noted case, subject to the conditions laid down under section 438(2) - 2 - Cr.P.C. So far petitioner no.1, namely, Rajesh Ishwar @ Ram Loli Ishwar is concerned, he is alleged to have assaulted the informant with iron rod on his head, therefore, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, then the same may be disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman