IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11050 of 2010 1. RAMCHANDRA MAHTO,son of Guljar Mahto 2. Biga Mahto,son of Nakchedi Mahto 3. Jagdish Mahto,son of Kapildeo Mahto All are residents of village- Tadhawanandpur, Kanhi Tola,P.S.-Bairiya, District-West Champaran. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party With Cr.Misc.No.15459 of 2010 Kanhaiya Mahto,s/o Ramchandra Mahto of vill.- Gadhwa Nandpur Kanhi Tola,P.S.— Bairiya, Distt.-West Champaran..Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr.Bimlesh Kr.Pandey, Advocate For the State :Mr. R.Singh Shastry, Addl.P.P. ----------- 02/ 27-04-2010 Heard the parties. Petitioners in both the criminal miscellaneous petitions apprehend their arrest in connection with Bairiya P.S.Case No.13 of 2010 dated 28-01-2010, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there are case and counter case from both the sides with respect to the same occurrence and the land dispute is going on between the parties. It is further submitted that, according to the prosecution case, specific allegation of assault is against co- accused-Ramesh Prasad, who is alleged to have assaulted the informant by Farsa on his head and against co-accused-Surya 2 Mahto, who assaulted Pramod Patel by Farsa on his head. When the aforesaid Pramod Patel fell down, thereafter all the accused persons are alleged to have assaulted him by Lathi. By referring to Annexure-3 (injury report of Pramod Patel), it is submitted that he had sustained only two injuries on his person, which have been opined to be simple in nature. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not pointed out any specific role assigned to any of the petitioners for causing any specific injury to any of the injured persons from the side of the prosecution party. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)