IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40480 of 2010 1. Shiv Kumar Ram @ Sethwa, 2. Shivshankar Ram @ Putan, both sons of Sita Ram, 3. Santosh Ram son of late Dular 4. J.P.Ram @ J.R.Ram son of Ramjas 5. Anshu Ram @ Ajay Kumar Bharti, son of Puranmasi Ram 6. Dimpal Ram @ Naya Babu son of Puranmasi Ram All are resident of Mohalla- Barahpathar ( Ambedkar Nagar), P.S.- Dehiri, District- Rohtas --- Petitioners. Versus STATE OF BIHAR —Opp. Party. ----------- 2/ 10-11-2010 Heard the parties. In a criminal prosecution registered under section 307/34 and some allied offences under the Indian Penal Code, an altercation is said to have taken place between the informant and his family members at one side and the accused persons at the other side. According to F.I.R, Vide Annexure-1, there is general and omnibus allegation of assault by fists and slaps against all the accused persons, including the petitioners. However, petitioner no.1 Shiv Kumar Ram @ Sethwa and petitioner no.3 Santosh Ram, are alleged to have assaulted the informant by ‘lathi’ causing injury on his head. Learned counsel for the petitioners submits that excepting petitioner nos. 1 and 3, no specific allegation of any specific overt act for causing any specific injury to the informant or his wife has been attributed to the other petitioners. Both sides are closely related to each other and there appears to be some previous dispute going-on between the parties. Learned counsel for the State though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid factual position. 2 Be that as it may, in the facts and circumstances of the case, prayer for anticipatory bail made on behalf of petitioner no. 1, Shiv Kumar Ram @ Sethwa, and petitioner no.3, Santosh Ram, is hereby rejected. They are directed to surrender in the court below within a period of four weeks from today and seek regular bail, if so advised, which shall be considered and disposed of on its own merit. However, in the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks from today, petitioner nos. 2, 4, 5 and 6, namely, Shivshankar Ram @ Putan, J.P.Ram @ J.R. Ram, Anshu Ram @ Ajay Kumar Bharti and Dimpal Ram @ Naya Babu, respectively, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in connection with Dehri P.S. Case No. 443 of 2010, subject to conditions as laid down under section 438(2) of the Cr.P.C. BTiwary/ (Birendra Prasad Verma, J.)