IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34349 of 2011 ====================================================== Awadhesh Tiwari @ Awadhesh Kr. Tiwary, son of Shivejee Tiwari resident of village-Dangasi P.S. Sidhwalia, District-Gopalganj. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Jitendra Kumar Singh, Advocate. For the Opposite Party : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Heard learned counsel appearing on behalf of the petitioner. No one appears on behalf of the State. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 307/149 and some other minor or bailable offences under the Indian Penal Code. Learned counsel for the petitioner submits that there are case and counter case from both sides with respect to same occurrence vide Annexures-1 and 3 respectively and entire occurrence has taken place due to certain land dispute, for which a title suit is also pending between the parties. He further submits that even according to prosecution case, the petitioner is alleged to have assaulted the informant by Farsa (a sharp cutting weapon) causing injury on the right arm of the informant. By referring to the injury report (Annexure-2) it is submitted that injuries on the person of the informant were found to be simple in nature. Be that as it may, in view of the facts that there is case and counter case and a title suit is pending between the parties, the prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the learned court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each in connection with Sidhwalia P.S. Case No. 96 of 2011 to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Devendra /- (Birendra Prasad Verma, J)