IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16027 of 2009 1. SUNIL MAHTO 2. Bishun Dayal Mahto Both sons of late Ram Dhani Mahto 3. Sonu Mahto 4. Fakira Mahto Both sons of Sri Sunil Mahto All resident of Katra Bazar,P.S.- Malsalami, District-Patna. Versus STATE OF BIHAR ----------- 02/ 13-05-2009 Heard learned counsel for the petitioners and the State. Allegation against petitioners is about their causing assault and after entering into the informant’s house taking away a box containing ornaments, cash, cloth and relevant papers, for which submission of the learned counsel for the petitioners is that land dispute is there in between the parties as they are Gotias. Only non-bailable offence under Section 380 of the Penal Code is super addition that also against co-accused Guddu Mahto, basing which petitioners’ arrest cannot be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Malsalami P.S.Case No.51 of 2009, the above named petitioners 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 Additional Chief Judicial Magistrate, Patnacity, Patna, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )