IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3440 of 2009 1. KARI RAM 2. RAMBALI RAM @ KHURKHUR 3. KHIDO RAM 4. SANJAY RAM 5. GHURAN RAM Versus STATE OF BIHAR For the petitioner : Mr. Ashok Kumar Mishra. Advocate Mr. Rishit Deo Kumar Singh, Advocate For the State : Mr. C. Jawahar, APP ----------- 2 22.04.2009 Heard both sides. Four brothers along with their father have approached this Court for grant of anticipatory bail in a case instituted under diverse sections of Indian Penal Code including section 386 IPC instituted on the basis of a complaint. The prosecution case precisely is that the complainant was working with the band party owned by the present petitioners. There was certain dues to be paid to the complainant which was not being paid. The allegation further is that on the day of occurrence, all the petitioners arrived at the house of informant where petitioner no. 1 pin pointing pistol on his temple, snatched certain amount from his pocket. It is further prosecution case that petitioner no. 2 thereafter committed theft of certain utensils. . Counsel for the petitioners submits that the allegations have been made for oblique motives. There is no injury report on record to substantiate the allegation. It has further been highlighted that so far petitioner no. 5 is concerned, there is general and omnibus allegation of exhorting his sons to commit 2 the offence. It has also been contended that no specific overt act has been assigned to the petitioner nos. 3 and 4 except that they were accompanying the principal accused namely petitioner Kari Ram. Having considered the submissions and after going through the records including the impugned order, this Court is inclined to admit petitioner nos. 3, 4 and 5 namely (Khido Ram, Sanjay Ram and Ghuran Ram) to anticipatory bail. Prayer on behalf of rest of the petitioners is rejected. In the event of arrest or surrender in the court below within a period of four weeks, petitioner nos. 3, 4 and 5 namely Khido Ram, Sanjay Ram and Ghuran Ram are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri J.K. Dubey, Judicial Magistrate, Ist Class, Rosera, Samastipur in connection with C.R. No. 95/2007 /Tr. No. 1902/08. pkj ( Kishore K. Mandal, J. )