IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35733 of 2011 1. Dhirendra Kumar Singh @ Jhunna Singh, S/o Sri Lal Bahadur Singh. 2. Bijendra Kumar Singh, S/o Sri Lal Bahadur Singh. Versus The State Of Bihar ----------- 2 24.10.2011 The petitioners seek anticipatory bail as they apprehend their arrest in Dumraon P.S. Case No. 126 of 2011 for the offences alleged under Sections 147, 323, 326, 379 of the Indian Penal Code. The allegation in the first information report disclose that the informant woke up from sleep to find his uncle Lal Bahadur Singh armed with country made pistol and his son Dhirendra Kumar Singh (petitioner no.1), Bijendra Kumar Singh (petitioner no.2), both armed with Dabia, Chandan Kumar Singh armed with Garasi and Shivam Kumar Singh were all present and demanded partition of the property. It has further been alleged that the lock of box was broken and ornaments and cash of Rs. 30,000/- was taken away by the co-accused Chandan Kumar Singh. The main allegation relating to assault has been made against the said Chandan Kumar Singh who was armed with Garasi and is said to have given a blow on the head of the informant on account of which he sustained injury and blood started oozing out. Learned counsel for the petitioners submits that the main allegation of assault is against the co-accused Chandan Kumar Singh and not against these petitioners. Moreover, the injury report as contained in Annexures- 2 and 3 2 disclose that the injuries are simple in nature is said to have been caused by hard and blunt substance. Clearly, the petitioners who were armed with Dabia could not have caused the injury in question and as such the offences attributed to the petitioners are not sustainable. Heard learned counsel for the State. Considering that the specific allegation of assault with Garasi on the head of the informant has been leveled against Chandan Kumar Singh, co-accused, and not against the petitioners, as also the fact that the injuries are simple in nature, let the petitioners, named above, in the event of their arrest or surrender before the court below within six weeks from the date of production/receipt of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 126 of 2011, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. Md. Ibrarul (Vikash Jain, J.)