IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.50907 OF 2008 1. CHUNNU MISHRA, 2. BITOO MISHRA @ BITU MISHRA BOTH SONS OF MAHANAND MISHRA, RESIDENT OF MOHALLA ADHIWAKTA NAGAR, POLICE STATION AND DISTRICT GOPALGANJ VERSUS STATE OF BIHAR ****** 2 23.01.2009 Heard Counsel for the petitioners, the informant and the A.P.P. appearing on behalf of the State. Petitioners are accused in a case under Sections 341, 324, 307, 379, 504 and 34 of the Indian Penal Code. Learned Counsel for the petitioners submits that the dispute is with respect to the boundary of the two houses in which the petitioners and the informant live. It is stated that they are neighbours. On the other hand, learned Counsel for the informant opposes the bail application stating that the injured was referred to Gorakhpur Centre for examination, however, the injury report does not describe the nature of the injury received. The Court below has come to a finding that the injuries sustained was simple in nature but 2 rejected the bail application with a direction to the Chief Judicial Magistrate to consider the case of the petitioners on merits. In the circumstances, I am not inclined to grant anticipatory bail to the petitioners, namely, Chunnu Mishra and Bitoo Mishra @ Bitu Mishra and this application is accordingly dismissed. However, petitioners are directed to surrender before the Court below and make a prayer for grant of regular bail and the court below will pass an appropriate order on its own merit on the same within one week of its filing. Anand ( Sheema Ali Khan, J. )