IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28763 of 2008 RAHMUDDIN MIAN & ORS Versus THE STATE OF BIHAR ----------- 2. 29.09.2008 Learned Counsel prays for leave to withdraw the application in so far as petitioner no. 1 is concerned who proposes to surrender and seek regular bail. This application is dismissed as withdrawn with regard to petitioner no. 1. Heard the learned Counsel for the petitioners 2 and 3 and the learned counsel for the State. Submission is that in a dispute with regard to straying cattle there is no allegation of assault against petitioners 2 and 3 to invoke Section 307 of the Penal Code. There is a case and counter case registered one after another. The informant is an accused in the counter case under Section 302 IPC. Chargesheet was submitted under the bailable section when cognizance has been taken differing with the same under Section 307 IPC. Assault on head with farsa is attributed to petitioner no. 1 alone. Having considered the facts and circumstances of the case, let the petitioners 2 and 3 namely Sarfuddin Mian and Neshrul Nesa surrender in the court below within a period of six weeks from today when they shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prabhat Trivedi, Judicial Magistrate, lst Class, Motihari in Paharpur PS Case No. 71 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C. Snkumar/- (Navin Sinha,J.)