IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39803 of 2010 1. Upendra Thakur @ Tona Thakur 2. Bhakhu Thakur 3. Mahendra Thakur 4. Budhan Thakur @ Budhu Thakur Versus STATE OF BIHAR ----------- 2 04-11-2010 Heard learned counsel for the petitioners and learned counsel for the State. On behalf of the petitioners, it has been submitted that the present case was lodged on 14-5-2010 for an occurrence of 8-5-2010 and in the meantime a case from the side of the accused persons was lodged on 11-5-2010 against the prosecution party who are related to the accused persons as Gotias. It has further been submitted that there is some specific allegation against petitioner no.1 and not against petitioners no.2, 3 and 4. The FIR contained in annexure-1 contains an explanation as to why the informant’s statement was not recorded by the officer-in- charge who directed for rushing her to the hospital from where she was referred to Sadar Hospital, 2 Muzaffarpur. Injuries reports on record show that on the basis of X ray report hair line fracture was found on the skull bone on the informant lady. In the facts of the case, it is not possible to accept the submission at this stage that it is a false case only to harass or humiliate the petitioners. Considering that petitioner no.1 has been assigned some specific role, his prayer for anticipatory bail is rejected. This order shall not prejudice his case for regular bail if he surrenders and prays for the same. Considering that the occurrence took place on account of land dispute, the prayer for anticipatory bail of petitioners no.2, 3 and 4 is allowed. Let the petitioners no.2, 3, and 4 namely, Bhakhu Thakur, Mahendra Thakur and Budhan Thakur @ Budhu Thakur in the event of their arrest/surrender within a period of six weeks from today be released on bail on furnishing bail bond of Rs. 7,000/- (rupees seven thousand) with 3 two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Muzaffarpur (West) in connection with Saraiya PS case No. 111/2010, subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. BKS/- (Shiva Kirti Singh, J.)