IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39906 of 2009 1. BIPUL @ KARU SINGH & 2. PAPPU @ MAHADEV Versus STATE OF BIHAR ----------- 3 15.03.2010. Heard learned counsel for the petitioners, informant and the State. Petitioners apprehend their arrest in Kawakol Police Station case no. 81 of 2009 u/s 447,341,323,325,307,379/34 I.P.C. Accused persons including the petitioners entered into house of informant at 5 am. One Binod Singh assaulted him on the head by the butt of rifle. Petitioner no.2 assaulted with lathi on his hand and petitioner no.1 snatched a golden bangle. Cause of occurrence is said to be the failure to pay money for wine etc. Petitioners submit that prosecution side and the accused side are relatives and neighbourers as well. There is a case and counter case. Besides this, land dispute is going on between the parties since long. They submit that police submitted final report under bailable sections. However cognizance has been taken under non bailable sections. They further submit that allegation of snatching of golden bangle against petitioner no.1 is an exaggeration. Counsel for the informant submits that petitioner no.1 is also accused in Kawakol Police Station case no. 38 of 2007 under sections 307,379 and 34 I.P.C. instituted by one Dharmendra Kumar. He submits that petitioners are anti social elements. However, counsel for petitioners submits that the prosecution side in this case belong to the group of informant. In the facts and circumstances of the case, prayer for bail of - 2 - petitioner no. 1 is refused with direction to surrender and seek regular bail, which would be disposed of on its own merit without prejudice. Prayer for bail of petitioner no.2 is disposed of with observation that if he surrenders and seeks regular bail, the same would be disposed of preferably on the same day also taking into account that police in course of investigation has found that allegations to be of bailable nature and there is a counter case. Shashi. (Samarendra Pratap Singh,J.)