IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37823 of 2009 1. AHTESAMUL @ AHTESAMUL HAQUE S/O SK. SHAHID VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN 2. SK. HASMUDDIN @ SK. HASHIMUDDIN S/O MD. SHAMSUDDIN VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN 3. KAIFULAWARA S/O SK. WAHAB VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN 4. KHAIRUL WARA S/O SK. WAHAB VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN 5. SK. EKANULLAH @ MD. EQUANULLAH S/O SK. AMANULLAH VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN 6. SK. FIRDAUS @ FIRDAUS S/O SK. HASHIMUDDIN VILL. JENERWA. P.S BANJARIA, DISTT. EAST CHAMPARAN Versus THE STATE OF BIHAR ----------- 02 27.11.2009 Petitioners, who are six in numbers, have joined hands in seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 307 and 379 of the Penal Code. Both the parties to the dispute are agnates. There is case and counter case. The case lodged by the present petitioners is earlier on the point of time having been lodged on 13.06.2009 whereas the present case has been lodged on 14.06.2009. This Court on perusal of the F.I.R. finds that there is specific allegation of causing ‘chhura’ injury on the neck against petitioner no.6, namely, Sk. Firdaus @ Firdaus. So far as the petitioner no.1 is concerned, there is allegation that he opened firing causing injury to none. There is allegation of having committed theft of wrist watch against petitioner no.3. It is submitted that police have doubted part of the veracity of the prosecution case. 2 Learned counsel for the State, on the other hand, submitted that there is/are corresponding injuries on the informant. Be that as it may, having regard to the specific allegation of assault attributed against petitioner no.6, namely Sk. Firdaus @ Firdaus, this Court is not persuaded to extend him the privilege of anticipatory bail. Prayer for anticipatory bail is, accordingly, rejected. So far as the rest of the petitioner nos. 1 to 5, named above, are concerned, in the event of arrest or surrender before the Court below within a period of four weeks from today, petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Motihari, East Champaran, in connection with Turkaulia ( Banjaria) P.S. Case no. 126 of 2009, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Sym/ (Kishore K. Mandal, J.)