IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18937 of 2009 1. BRAJ KISHORE RAI 2. SAHINDRA RAI ---------------- PETITIONERS Versus STATE OF BIHAR ------- 3 30.10.2009 Heard learned counsel for the petitioners and the State. Only petitioner no.2 has been alleged for causing assault by Farsa to the informant’s daughter. After perusal of injury report it is found that one of such injuries is on neck showing 3 x ½” x ¼” x bone deep caused by sharp cut (Farsa). So this much of the allegation disentitles petitioner no.2 for anticipatory bail. Hence his prayer for anticipatory bail is rejected. However, petitioner no.2 is directed to surrender in the court of Sub-divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Ghorasahan (Lakhaura) P.S.Case No. 90/2008 and pray for regular bail which shall be disposed of on its own merit without being prejudiced by the present order of dismissal. For petitioner no.1, it is said that there is no specific allegation of assault - 2 - against him, as such, his prayer for anticipatory bail is allowed. The above named petitioner no.1 shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran, in Ghorasahan (Lakhaura) P.S.Case No. 90/2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI