IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17427 of 2011 1. SANJAY KUMAR SON OF SUBHAI SAH, RESIDENT OF MOHALLA-BRAHMA ASTHAN WARD NO. 11 (PURANI BAZAR) P.S.- SITAMARHI, DISTRICT- SITAMARHI. 2. KAILASH JOSHI SON OF LATE SURAJMAL CHOUDHARY, RESIDENT OF MOHALLA- PURANI BAZAR, P.S.- SITAMARHI, DISTRICT- SITAMARHI. 3. RAJA RAM SAH SON OF LATE ISHWAR SAH RESIDENT OF MOHALLA-PURANI BAZAR, P.S.- SITAMARHI, DISTRICT- SITAMARHI. 4. PANKAJ MANDAL SON OF GANESH MANDAL RESIDENT OF MOHALLA- GAUSHALA CHOWK, P.S.- SITAMARHI, DISTRICT- SITAMARHI. 5. MITHILESH YADAV SON OF LATE TEJ NARAIN RAI RESIDENT OF MOHALLA- MURALIYA CHAK, P.S.- SITAMARHI, DISTRICT- SITAMARHI. ….PETITIONERS. Versus THE STATE OF BIHAR . …OPPOSITE PARTY. ----------- 02. 14.06.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 147, 148, 149, 323, 324, 307, 448, 440 and 380/34 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that there are general allegation against the informant including the petitioner but specific overt act of assault has been alleged against the co-accused Ajay Kumar and other out of whom co- accused Ajay Kumar has been enlarged on bail vide order dated 28.03.2011 passed by a Bench of this Court in Cr. Misc. No. 9856 of 2011. Learned counsel for the petitioner submits that there was a dispute with respect to the title of the house which resulted in the occurrence and the petitioners have been falsely implicated although, they have got no criminal antecedent nor 2 any incriminating article has been recovered from their possession. Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender of the petitioners, namely, Sanjay Kumar, Kailash Joshi, Raja Ram Sah, Pankaj Mandal and Mithilesh Yadav within fifteen days from the date of receipt of a copy of this order in the court below, they shall be admitted to bail on executing bail bonds of Rs. 10,000.00 (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 627 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Devendra/ ( S.N. Hussain, J.)