IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41777 of 2010 1. NARAYAN SAH 2. MOHAMMAD FARMAN MIAN @ FARMAN MIAN 3. SANTOSH SHRIVASTAVA 4. HITENDRA PANDEY 5. DAYA SAH Versus STATE OF BIHAR ----------- 02. 13.01.2011 Heard learned counsel for the petitioners and the State. Petitioners are alleged for giving abuse to informant in name of his caste pressing his neck by means of a ‘Gamchha’ with intention to kill obtaining his signature on a blank paper. Further assaulting by means of slaps and fists tearing his cloths snatching informant mother’s chain and taking away the maize crop worth Rs. five thousand. Submission of the learned counsel for petitioners is that informant is making every attempt to grab a piece of land belonging to school for which a Panchayati was held in which he disclaimed his interest over the land on a written paper signed by his father also and receiving no injury leading intention to kill. Theft is said ornamental. For abuse in name of informant’s caste, it is further submitted that it is made against petitioner no. 1 specifically and not against rest of petitioners. Accordingly, prayer of petitioner no. 1 for anticipatory bail stands rejected as not maintainable. However, petitioner no. 1 is at liberty to surrender in the court below and pray for regular bail which shall be decided on its own merit without being prejudiced by this rejection order on the same day. So far as, bail of rest petitioners is concerned, they are 2 allowed anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, the petitioner nos. 2, 3,4, and 5 shall 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Mufassil P. S. Case No. 269 of 2010 arising out of Complaint Case No.1468C/2010, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Vikash (Mandhata Singh, J.)