ORDER :

1. Heard learned counsel for the parties.

2. Apprehending their arrest in connection with Tarhasi P.S. Case No. 13 of 2022 instituted under Sections 341, 323, 302 and 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.

3. As per FIR, allegation is that on 23.03.2022 at about 1:00 p.m. the petitioners in furtherance of their common intention along with other co-villagers dragged out from the house to the informant’s father and brought towards the road side brutally assaulting him due to which he succumbed to injuries.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case due to village politics. No specific overt act has been attributed against the petitioners and no weapon of offence has been recovered from the possession of petitioners. As per P.M. report of deceased, no external or internal injuries have been found on the body of the deceased. Petitioners have no criminal antecedents. Co-accused with similar allegation has already been extended privilege of anticipatory bail by this Court vide order dated 27.02.2023 passed in A.B.A. No. 9443 of 2022 Petitioners undertake to co-operate with the investigation of the case. Hence, the petitioners may be extended the privilege of anticipatory bail.

5. Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioners and submits that co-accused had called the petitioners and all of them dragged the father of informant towards the road due to which he sustained grievous injuries and died. Hence, petitioners may not be extended privilege of anticipatory bail.

6. It appears that the deceased was aged about 81 years and there are no anti-mortem injuries of dragging on road side but only one external injury has been noticed during post-mortem report. No specific overt act has been attributed against the petitioners and they have no criminal antecedents.

7. Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Palamau at Daltonganj in connection with Tarhasi P.S. Case No. 13 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.