IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3066 of 2009 1. AKHILESH YADAV @ JITENDRA YADAV 2. RAM CHELA YADAV 3. BILOK YADAV 4. DUBRI YADAV @ GOPI YADAV 5. AWADHESH YADAV Versus STATE OF BIHAR ----------- 3 10.09.2009 Heard both sides. Petitioners, five in numbers, have approached this court for grant of anticipatory bail in a case instituted under diverse sections of Indian Penal Code including Section 307 IPC. On account of plucking of mango standing on the government land, both the parties appear to have fought. There is a case and counter case. In the present case, the allegations is/are that they jointly assaulted the brother of the informant and the witnesses who intervened to pacify the matter. Learned counsel for the petitioners submits that the injuries found on the person of the informant and others are definitely on non-vital parts caused by hard and blunt substance. Referring to the Annexure-2, it is contended that petitioner no. 1 had also lodged a case relating to the same occurrence in which some of the persons from the prosecution side got injured. The F.I.R. as well as the injury report is on record. Considering the fact that there is counter version of the case and that injuries were definitely on the non-vital parts and also keeping in focus the fact that the some of the accused 2 persons have also received injury, this court is persuaded to extend the privilege of anticipatory bail to these petitioners. In the event of arrest or surrender in the court below within a period of four weeks, let petitioners above named be released 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, Kaimur at Bhabua in connection with Durgawati P.S. case no. 141 of 2008 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. No sooner the charges are framed in this case, the petitioners shall appear on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the trial court will have liberty to cancel the bail bonds of the petitioners. pkj ( Kishore K. Mandal, J. )