IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4525 of 2009 1. MUKESH SINGH S/O LATE GOPAL SINGH. 2. AWDHESH SINGH, S/O BHARAT SINGH. ( BOTH R/O VILL RAMPUR, PARORI, P.S. SITAMARHI, DIST. SITAMARHI) ---- PETITIONERS Versus STATE OF BIHAR --- OPP. PARTY. ----------- 02. 01.05.2009 Heard both sides. The petitioners have approached this court seeking anticipatory bail in a case instituted under Sections 341, 323, 324, 504,379 and 307/34 of the Penal Code. As per allegation in the F.I.R., there was a scuffle between the informant and petitioner no.1 herein, whereafter he called other inmates of the family. The further allegation is that petitioner no.2 along with others arrived at the scene of occurrence and they assaulted the informant. When the daughter- in-law of the informant came to save him, she too, was assaulted by another co-accused by means of ‘farsa’ causing injury on her head. Learned counsel for the petitioners submits that so far as the petitioner no.1, is concerned there is absolutely no allegation except that he called his other family members. It is further contended that because of animosity between the parties, the present case has been lodged, and in fact, there is a counter case also respecting the said occurrence. This court having perused the allegations contained 2 in the F.I.R., and the materials brought in support thereof, is of the considered view that so far as the petitioner no.2 is concerned, no case for extension of privilege of anticipatory bail in his favour has been made out. Accordingly, the prayer for anticipatory bail made on behalf of the petitioner no.2, namely, Awdhesh Singh, stands rejected. So far as petitioner no.1 is concerned, considering the submissions and the allegations contained in the F.I.R., this court is persuaded to extend the privilege of anticipatory bail to the petitioner no.1, namely, Mukesh Singh. In the event of his arrest or surrender within a period of four weeks from today before the court below, petitioner no.1, namely, Mukesh Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 636 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Sym/ (Kishore K. Mandal, J.)