IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10910 of 2010 1. BITESHWAR BHAGAT,s/o Sri Madho Bhagat, 2. Shailendra Kr. @ Shailendra Prasad,s/o Sri Madho Bhagat 3. Dinesh Bhagat,son of Sri Madho Bhagat, 4. Anil Bhagat,s/o Sushil Bhagat All resident of Chai Tola,Nasriganj, P.S.-Danapur,District-Patna. 5. Ravi shankar Kumar,s/o Sri Akhilesh Bhagat, 6. Sonu Kumar,s/o Sri Akhilesh Bhagat Both resident of village-Jhakhari,P.S.- Masaurhi,District-Patna. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners :Mr.Ajay Mukherjee,Advocate For the State :Mr.Akbar Ali, Addl.P.P. ----------- 02/ 23-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Danapur P.S.Case No.308 of 2009 dated 02-10-2009, registered under Sections 341, 323, 307, 504, 337 and 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the entire occurrence had taken place because of some quarrel between the kids of both the sides and even, according to prosecution case, no case under Section 307 of the Penal Code is made out and other offences are either minor or bailable one. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that petitioner no.1 is specifically alleged to have assaulted Lalti Devi, wife of the 2 informant, by Lathi on her head and corresponding injury has been found by the doctor, which is apparent from injury report vide Annexure-2. Taking into consideration the facts and circumstances of the case and also taking into consideration that petitioner no.1 is specifically alleged to have assaulted Lalti Devi by Lathi on her head, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioners no.2 to 6 are concerned, there appears to be general and omnibus allegation against them of participation in the entire occurrence, but no specific allegation of assault is against these petitioners. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioners no.2 to 6 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur (Patna), subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)