Prashant Kumar, J. - (1.) ANTICIPATORY bail application filed by Petitioners, Jitendra Sao, Bisheshar Sao @ Bisheshwar Sao, Horil Sao, Sushil Kumar Sao @ Sushil Kumar, Ashok Sao, Gulab Sao, Arun Sao, Bhola Kumar @ Bhola Sao, Bablu Sao, Binod Sao, Payari Sao, Shankar Sao and Pintu Sao is moved by Mr. Md. Zaid Ahmad, counsel for the Petitioners and opposed by Mr. Prem Prakash, Additional P.P.
(2.) FROM perusal of First Information Report, I find that specific overt act alleged against Petitioner No. 1, Jitendra Sao and Petitioner No. 5, Ashok Sao and one co -accused, Mahesh Sao. So far other Petitioners are concerned, no specific overt act alleged against them. Accordingly, I reject the anticipatory bail application of Petitioner No. 1, Jitendra Sao and Petitioner No. 5, Ashok Sao.
(3.) SO far other Petitioners namely Bisheshar Sao @ Bisheshwar Sao, Horil Sao, Sushil Kumar Sao @ Sushil Kumar, Gulab Sao, Arun Sao, Bhola Kumar @ Bhola Sao, Bablu Sao, Binod Sao, Payari Sao, Shankar Sao and Pintu Sao are concerned, I direct them to surrender in the court below by 18th January 2011. If the Petitioners surrender by that time, learned court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/ -(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Balumath P.S. Case No. 65 of 2010 corresponding to G.R. No. 315 of 2010, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure;