IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9570 of 2010 1. SATYA NARAYAN MISHRA 2. SRIKANT MISHRA AND 3. PHUL KUMAR Versus STATE OF BIHAR ---------- 2 27.04.2010. Heard learned counsel for the parties. The petitioners apprehend their arrest in a case registered for offence under sections 147,148,149,323,324,307 and 379 sections of the Indian Penal Code and section 27 of the Arms Act. It is stated in the FIR that some altercation took place between accused and prosecution side, as unintentionally stone thrown by village children smashed wind glass of a Maruti car belonging to accused side parked near the tree. The altercation was pacified by the villagers, but after few moment, petitioners and others armed with bhalla, farsa, lathi etc. came to the house of informant at 4 pm. Petitioner no.3 hurled farsa blow on the head of informant, petitioner no.1 took away Rs.7000/- and fired from his gun to scare away the villagers. Petitioner no.2 is also said to have participated in the occurrence. It is submitted that allegation against petitioner no.2 is false, as he was on duty in the SBI ATM at Kankarbagh at the relevant time. A certificate, annexure 3 issued by the Branch Manager of concerned bank has been annexed. It is further submitted that learned sessions judge vide order dated 20.2.2010 has allowed anticipatory bail to several co-accused, namely, Sheo Narain Mishra, Bir Muni Mishra, Rajiv Mishra and Arbind Mishra. - 2 - Prayer for bail of petitioner no.3 as above is refused with direction to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order. In the facts of the case, let the petitioner no.1 and 2 as above be released on bail in the event of surrender within six weeks from today on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Bihiya Police Station case no. 8 of 2010. Shashi. (Samarendra Pratap Singh, J.)