IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28644 of 2008 YUSUF MIAN @ MD.YUSUF MIAN & ANR Vrs. THE STATE OF BIHAR **** /2/ 13.08.2008 Heard the counsel for the petitioners and the State. 2. Petitioners, Yusuf Mian @ Md. Yusuf and Ayub Mian @ Md. Aiyub Mian, are named as accused in Phulparas P.S. Case No. 110 of 2007. As per the prosecution case, petitioners were also members of that unruly mob, which put obstruction to the police force in discharging their duty and maintaining law and order. Counsel for the petitioners submits that the petitioners have simply been named as member of unlawful assembly and there is no specific overt act against them. It has also been stated that although Section 307 of the Indian Penal Code is mentioned in the first information report, but, no such offence is made out, considering the injury report of one Amarnath Yadav, who was assaulted by the members of the unruly mob. 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioners, is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from 2 today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with the aforementioned case to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 4. One of the bailers of each of the petitioners must be their close relative. 5. In case petitioner re named as accused in similar cases, the prosecution will have liberty to approach for cancellation of their anticipatory bail. S.A. ( Mridula Mishra, J. )