IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14120 of 2010 1.BALESHWAR DAS 2.Shyam Sundar Das, both are resident of village Galimpur, P.S. Rajepur, Dist. EastChamparan……..Petitioners. Versus STATE OF BIHAR opposite party. ----------- For the petitioners : Mr. Sangeet Deokuliar, Advocate For the State : Mr. Y.K.Singh, A.P.P. ----------- 2 20.5.2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. In a criminal prosecution for offences under sections 307, 379 and some other minor and bailable offences of the Indian Penal Code, the petitioners and informant appear to be descedents of a common ancestor and a title suit is also pending between them. According to the FIR vide Annexure- 1, main allegation of assault is against co-accused Satya Narayan Das and co-accused Nandan Das , who are alleged to have assaulted the father of the informant by a lethal weapons. Petitioner No.1 Baleshwar Das is alleged to have assaulted the informant by lathi. Though, petitioner no.2 is not alleged to have participated in the assault, but he is alleged to have snatched one gold Kangan of the informant’s wife. By referring to the injury report of the informant, which has been brought on record as annexure-A to the supplementary affidavit, it is submitted that all the injuries sustained by the informant were found to be simple in nature and even according to the prosecution allegation no case under section 307 I.P.C. is made out against the petitioners. The offence regarding commission of theft, it is submitted, is a super addition only with a view to make the case serious against the petitioners. It is also highlighted that co-accused Pappu Das, with almost - 2 - similar allegation, has been granted anticipatory bail by a Bench of this Court by an order dated 13.10.2009 passed in Cr. Misc. No. 24123 of 2009. In the aforesaid circumstances, in the event of arrest or surrender in the court below within a period of four weeks from today in connection with Rajepur P.S.Case No.59 of 2006, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) each with two sureties of like amount each to the satisfaction of the C.J.M., Motihari, East Champaran ,subject to the conditions laid down under Section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman