IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2604 of 2011 1. NATHU PASWAN, S/O Late Kabi Paswan. 2. Laxmi Paswan, S/O Late Yugal Paswan. 3. Rambilash Paswan, S/O Late Yugal Paswan. 4. Sumrit Paswan, S/O Gani Paswan. 5. Amrit Paswan, S/O Gyani Paswan. 6. Chandra Mohit Paswan @ Chanmotih Paswan, S/O Gyani Paswan. 7. Shambhu Paswan, S/O Late Kishun Paswan. 8. Mukesh Paswan, S/O Parmanand Paswan. 9. Bikesh Paswan, S/O Parmanand Paswan. 10. Anoj Paswan, S/O Late Krityanand Paswan. 11. Jay Kant Paswan, S/O Late Babunand Paswan. 12. Bhoto Paswan @ Ghutai Paswan @ Bhutai Paswan. 13. Ashok Paswan, S/O Bhutto Paswan. 14. Ajay Paswan, S/O Gopal Paswan. 15. Mohan Paswan. ………Petitioners. Versus THE STATE OF BIHAR With Cr.Misc. No.5372 of 2011 1. PARMANAND PASWAN, S/O Late Suraj Paswan. 2. Babunand Paswan, S/O Late Yugal Paswan. 3. Giyani Paswan @ Gyani Paswan, S/O Late Bajrangi Paswan. ………Petitioners. Versus THE STATE OF BIHAR ----------- 3 01.03.2011 Heard learned counsel for the petitioners, learned counsel for the informant and Mr. Dashrath Mehta, learned counsel for the State. Learned counsel for the petitioners submits that petitioner nos. 4 and 5 of Cr. Misc. No. 2604 of 2011 have been arrested. - 2 - Hence permission is sought to withdraw the anticipatory bail application of petitioner nos. 4 and 5. Permission is accorded. Accordingly, anticipatory bail application of petitioner nos. 4 and 5 in Cr. Misc. No. 2604 of 2011 is dismissed as withdrawn. The petitioners nos. 1 to 3 and 6 to 15 are apprehending their arrest in a case registered under Sections 147, 148, 149, 307, 323, 324, 341, 427 and 504 of the Indian Penal Code. There is an allegation against accused persons to have made assault but the injuries were simple in nature, but it is alleged against Rupesh Paswan, Mukesh Paswan and Bikesh Paswan to have assaulted the informant on the right hand and the injury has been found to be grievous. So far as the aforesaid three accused persons are concerned, out of them - 3 - only Mukesh Paswan and Bikesh Paswan are petitioner nos. 8 and 9 of Cr. Misc. No. 2604 of 2011 before this Court. Hence, I am not inclined to grant them anticipatory bail. Let then surrender before the learned court below and pray for regular bail. Learned court below will consider the regular bail application of Mukesh Paswan and Bikesh Paswan preferably on the same day without being prejudiced by order of this Court, considering the fact that all three persons alleged to have made assault but only one injury has been found to be grievous. Considering the fact that there is a case and counter case, both sides have received injuries, let the petitioner nos. 1 to 15 except petitioner nos. 4, 5, 8 and 9 in Cr. Misc. No. 2604 of 2011 and three petitioners in Cr. Misc. No. 5372 of 2011, be released on anticipatory bail, in the event of their arrest - 4 - or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. 136 of 2010. Bhardwaj ( Dinesh Kumar Singh,J.)