IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12449 of 2010 1.SACHIDA NAND SINGH 2.Manoj Singh 3.Baban Singh 4.Shatrudhan Singh 5.Umeshwar Singh , all are resident of village Manpursauli P.S. Isuapur, Dist. Saran at Chapra………Petitioners. Versus STATE OF BIHAR ……….O.P. ----------- 2 10.5.2010 Heard the parties. In a criminal prosecution for offences under section 436, 427 and some other allied offences under the Indian penal Code accused persons are alleged to have assaulted the complainant by fist and slaps and are alleged to have destroyed his Plan. (a thatched house). Petitioner no.2 Manoj Singh is said to have lit fire in the aforesaid Plani as a result of which the aforesaid Plani along with all belongings kept there were burnt to ashes. Petitiner no.3 Baban Singh is said to have resorted to firing for hurling threats to the complainant and others. Learned counsel for the petitioners submits that both sides were on inimical terms from before and there was some bonafide land dispute between the parties. It was also submitted that except petitioners no.2 and 3 specific role has not been assigned to petitioners no. 1, 4 and 5 for commission of crime in question. Be that as it may, in the facts and circumstances of the case and in view of specific role assigned against petitioners no.2 and 3 for committing the crime in question , their prayer for anticipatory bail is rejected. Petitioner nos. 2 and 3 must surrender in the court below within a period of four weeks from today and , if so advised, seek regular bail which - 2 - shall be considered and disposed of on its own merit without being prejudiced by the present order. However, petitioner nos. 1, 4 and 5, in the event of their arrest or surrender within a period of four weeks from today in connection with Complaint Case No.1403/2008 shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman