IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12532 of 2010 1.AKHILESH SINGH 2.Praful Singh, both resident of village Pithori Takath, P.S. Baniyapur, Dist. Saran at Chapra…….Petitioners. Versus STATE OF BIHAR Opp. Party. ----------- For the petitioners : Mr. Dhananjay Kumar Tiwary,Advocate Mr. Shanti Kumar, Advocate. For the informant Mr. Rajesh Ranjan, Advocate. For the State : Mr. S.D. Singh Yadav, A.P.P. ------------ 2 11.5.2010 Heard the parties including learned counsel appearing on behalf of the informant. In a criminal prosecution for offences under sections 324, 307 and some other allied or bailable offences under the Penal Code, specific allegation of assault is against co-accused Shambhu Singh and Nemu Singh who are alleged to have assaulted the informant and his father by farsa and Dab respectively causing injuries to them on different parts of their body. Learned counsel for the petitioners submits that though petitioner no.1 is alleged to be armed with farsa but admittedly he is not alleged to have participated in the assault and he was merely standing there at the alleged place of occurrence. Petitioner no.2 is alleged to have assaulted the father of the informant by lathi on the lower part of his body. Learned counsel appearing on behalf of the informant as also learned A.P.P. have strongly opposed the prayer for anticipatory bail and have pointed out that the informant and his father have sustained several injuries on their persons and, therefore, petitioners are not entitled to have the privilege of anticipatory bail. Be that as it may, in the facts and circumstances of the case, in - 2 - the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)each with two sureties of like amount each to the satisfaction of S.D.J.M, Saran at Chapra in connection with Baniyapur P.S. Case no. 168 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman