IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.45492 OF 2009 1. MD.NAYEEM, SON OF LATE KABIR MIYAN @ KABO MIYAN 2. MD. JUNAB, SON OF LATE KABIR MIYAN @ KABO MIYAN 3. MD. MOIM @ MD. MOIN, SON OF LATE KABIR MIYAN @ KABO MIYAN 4. MD. SOIM, SON OF LATE KABIR MIYAN @ KABO MIYAN 5. MD. AMRUL, SON OF MD. JUMRATI 6. MD. KAMRUDDIN, SON OF MD. JUMRATI 7. MD. SIRAJ, SON OF ABBAS MIYAN 8. MD. SABBIR, SON OF BHUTTO MIYAN ALL RESIDENT OF VILLAGE SOUR BAZAR, POLICE STATION SOUR BAZAR, DISTRICT SAHARSA ………………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 24/02/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 147, 148, 149, 323, 324,325, 307, 504 & 379 of the Indian Penal Code. There is a case and counter case. The allegation against the petitioners 1 and 5 are that they have assaulted the informant and his brother with FARSHA. There is also an allegation that some of the petitioners have assaulted with the butt of the gun. It has not been disputed by the Court below that injuries are trivial in nature rather the Court below has rejected the prayer for bail on the ground that cognizance has been taken under Section 307 of the Indian Penal Code. Considering that there is case and counter case and the injuries are trivial in nature, the above 2 named are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Sour Bazar Police Station Case No. 221 of 2007 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)