IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22567 of 2009 UMESH RAI @ UMESH KUMAR Versus STATE OF BIHAR ----------- 2 11.09.2009 Heard counsel for the petitioner. No body appears on behalf of the State. Petitioner and the informant are agnates. They reside side by side. On account of fencing of a particular piece of land close to their house, a dispute appears to have arisen. Records reveal both parties quarreled and subsequently weapons were used to assault each other. Present is a case lodged by Jiya Lal Rai. Annexure-2 is a case lodged by father of the petitioner. Injury sustained by Jiya Lal Rai (informant) is on record. Injury sustained by father of the petitioner is also on record. This court finds that both the injuries found on the person of the present informant and father of the petitioner are on head but seem to be superficial in nature. Learned counsel submits that F.I.R. lodged by father of the petitioner would show that the present prosecution parties were in fact aggressor. Looking to the facts of the present case in their entirety, I am persuaded to extend the privilege of the anticipatory bail to the petitioner. In the event of arrest or surrender in the court below within a period of four weeks, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the 2 satisfaction of learned S.D.J.M., ,Sikarhana at Motihari in connection with Ghorasahan P.S. case no. 207 of 2008 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. This order is subject to the condition that no sooner the case is taken for trial, the petitioner shall appear on the dates fixed therein. In case of default on two consecutive occasions without any cogent/satisfactory reason, the trial court shall be at liberty to cancel to cancel the bail bonds of the petitioner. pkj ( Kishore K. Mandal, J. )