IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13942 of 2009 1. KASIM,son of late Md. Hussain. 2. Md.Sarwar @ Sarwar, son of late Faiyaz. Both residents of village-Bakaharia, P.S.-Baisee,District-Purnea. 3. Md.Samsul Joha @ Joha,son of Matiur Rahman. 4. Md.Halim @ Halim,son of Hafiyuddin. 5. Md.Faiz @ Faiz,son of Md. Halim. 6. Md.Jamil @ Jamil,son of late Nijamuddin 7. Md.Abid @ Abid,son of late Haji Sahabuddin 8. Md. Jalil @ Jalil,son of “ 9. Md. Sahruddin @ Sahruddin,son of do 10. Md. Laloo @ Laloo,son of late Kurban 11. Md. Hanif @ Hanif son of do 12. Md.Sajjad @ Sajjad,son of Hafizuddin 13. Md.Niyaz @ Niyaz,son of Waris 14. Md. Minhaz @ Minhaz, son of do 15. S.K.Kailu @ Kaila,son of late Khikhru 16. Md. Hasibul @ Hasibul, son of “ 17. Mahbul @ Mahibul,son of Gaffar. 18. Khurshid, son of late Khalil 19. Md.Asrul,son of Subhan 20. Md. Habib,son of late Khalil Petitioners no.3 to 6 are resident of village-Milik Tola,P.S.-Baisee,District- Purnea No.7 to 18 are resident of village-Nokani, P.S.-Baisee,District-Purnea and petitioners no.19 and 20 are resident of village-Nukani, P.S.-Baisee, District-Purnea. Versus THE STATE OF BIHAR ----------- 02/ 29-04-2009 Heard learned counsel for the petitioners and the State. There is a case and counter case followed by earlier case in between the parties for the land dispute. There is quarrel and assault followed by setting informant’s house on fire but it is conceded by both the learned counsel that petitioner no.13 Md. Niyaz @ Niyaz had only been alleged for setting the house on fire. Only previous enmity cannot exonerate or minimise his liability. No doubt, rests of the petitioners 2 are entitled for the relief as finding probability of their false involvement also. In the suggested facts and circumstances, prayer for anticipatory bail of petitioner no.13 Md. Niyaz @ Niyaz is rejected and that of rest is allowed. In case of arrest or surrender within one month from today in Baisee P.S.Case No.162/2008, the above named petitioners, except petitioner no.13 Md. Niyaz @ Niyaz, 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 Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )