IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11971 of 2010 1. RAMDEO PATEL SON OF LATE NOKHLAL PATEL 2. KAMTA PATEL SON OF RAMDEO PATEL 3. BALWANT PATEL SON OF KAMTA PATEL 4. BIPIN PATEL SON OF RAJESHWAR PATEL 5. RIP PATEL SON OF RAJESHWAR PATEL 6. GORAKH PATEL SON OF LATE ROSHAN PATEL 7. RAMAKANT PATEL SON OF GORAKH PATEL 8. UMAKANT PATEL SON OF GORAK PATEL, ALL RESIDENTS OF VILLAGE GULARIYA, P.S. GOPALPUR, DISTRICT WEST CHAMPARAN. ---- PETITIONERS. Versus STATE OF BIHAR—OPP.PARTY. ----------- 2/ 29.04.2010 It is stated by Mr. Umesh Chandra Verma, learned counsel appearing on behalf of the petitioners that during the pendency of the application, petitioner no.1, Ramdeo Patel, has been apprehended by the police. Therefore, the prayer for anticipatory bail on his behalf has become infructuous. Accordingly, the petition for anticipatory bail filed on behalf of petitioner no.1, Ramdeo Patel, is dismissed as infructuous. Heard the parties, including learned counsel appearing on behalf of the informant. In a criminal prosecution instituted for the offence under sections 307, 379 of the Indian Penal Code, besides other minor and bailable offences, it is submitted that there are case and counter-case from both sides vide Annexure-1 and 2, respectively, and both sides are agnates. It is further submitted that except petitioner No.2, - 2 - Kamta Patel, no other accused persons are alleged to have caused any specific injury on vital part of the informant and the injuries found on the person of the informant have been opined to be simple in nature. Learned counsel for the State and the Informant have pointed out that petitioner no.2, Kamta Patel, is alleged to have assaulted the informant by ‘garasa’ on his head, causing injury to him. Be that as it may, taking into consideration the aforesaid facts and circumstances of the case, particularly in view of the fact that no specific role has been assigned to petitioners no. 3 to 8 for causing any specific injury to the informant, in the event of their arrest or surrender in the court below within four weeks from today, let petitioners No. 3 to 8, namely, Balwant Patel, Bipin Patel, Rip Patel, Gorakh Patel, Ramakant Patel and Umakant Patel, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Gopalpur P.S.Case No. 01 of 2010, subject to conditions as laid down under section 438(2) of the Cr.P.C. However, so far as petitioner no.2,, namely, Kamta Patel, is concerned, his prayer for anticipatory bail is rejected. He must surrender in the court below within - 3 - four weeks from today and, if so advised, seek regular bail which shall be disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/