IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13060 of 2010 1. BAIDYANATH JHA son of Chandra Narayan Jha 2. Vijay Jha son of Bishambher Jha 3. Nityanand Jha son of Surya Narayan Jha Versus THE STATE OF BIHAR ----------- 2/ 13.05.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 447, 341, 323, 324, 307/34 of the Indian Penal Code. Learned counsel submits that there is case and counter case. He further submits that in the counter case, as many as 4-5 persons have sustained sharp cut injury. Learned counsel submits that the land settlement and rent assessment case have been decided in favour of the accused side and it is the prosecution side, who are aggressors. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today before the court below in connection with Hathauri P.S. Case No. 40 of 2009, petitioner no.3 shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner nos. 1 and 2 are concerned, I am not inclined to grant anticipatory bail to them. However, if they surrender before the court below within six weeks from today and pray for - 2 - regular bail, the same would be disposed of also taking into consideration that there is a case and counter case and 4-5 persons on their side also sustained injury. Uday/ (Samarendra Pratap Singh, J.)