IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5085 of 2010 1. Mohan Gaddi, Son of Lorik Gaddi. 2. Birendra Gaddi, Son of Lorik Gaddi. 3. Noor Alam @ Nooralam Gaddi, Son of Lallan Gaddi. 4. Jaituna Khatoon, daughter of Mohan Gaddi. 5. Sohan Gaddi, Son of Lorik Gaddi. 6. Lorik Gaddi, Son of Late Subedar Gaddi. All are residents of Village- Singhachhapar, Police Station- Bettiah Muffasil, District- West Champaran..........................Petitioners. Versus THE STATE OF BIHAR........................................Opposite Party. ----------- 2. 18.03.2010. Heard Mr. Bashisth Narayan Mishra, learned counsel appearing for the petitioners and Mr. Bipin Kumar, learned A.P.P. appearing on behalf of the State. This application has been filed for grant of anticipatory bail on behalf of six petitioners, above-named, against whom the case has been registered under Sections 307, 379 and other sections of the Indian Penal Code. The prosecution case as per the fardbeyan of the informant, Kariman Gaddi, is to the effect that firstly on 04.10.2009 his mother, father and the elder brother were assaulted. The other occurrence is alleged to have been taken place on 05.10.2009 at 8.00 a.m. in which the specific allegation of assaulting with Farsa is against Yogendra 2 Gaddi on the head of the informant as a result of which the informant received bleeding injury and then there is allegation of assault by end of Lathi by Birendra Gaddi on the lower portion of the abdomen and assault by Noor Alam by end of Lathi on the back of the informant. It is alleged that Jaituna Khatoon snatched the silver neckband from the mother of the informant. It is submitted by the learned counsel for the petitioners Mr. Bashisth Narayan Mishra that for the occurrence of 04.10.2009 no First Information Report was lodged nor the injured were examined by any doctor which has been mentioned by the learned counsel for the petitioner in paragraph no.10 of the present application. It is further submitted that there is counter case being Bettiah Muffasil P.S. Case No. 258 of 2009 under Sections 341, 323,379/34 of the Indian Penal Code against the informant and others which was lodged from the petitioners’ side. There is dispute between the parties with regard to construction of the house under the ‘Indira Awas Yojna Scheme’. My attention has further been drawn to 3 Annexure-2, the injury report, which suggests one injury on the scalp which is alleged as against Yogendra Gaddi who is not the petitioner herein and the other injury is on the side of the chest whereas petitioner no.2 is alleged to have given a blow with the butt of the Lathi on the lower part of the abdomen whereas petitioner no.3 Noor Alam assaulted in the back whereas there is no injury on the back. Moreover both injuries are simple in nature. Considering the facts that there is land dispute and case and counter case, the petitioners, namely, Mohan Gaddi, Birendra Gaddi, Noor Alam @ Nooralam Gaddi, Jaituna Khatoon, Sohan Gaddi and Lorik Gaddi are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of twelve weeks from today in connection with Bettiah Muffasil P.S. Case No. 257 of 2009 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran subject 4 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh,J) U.K.