IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.726 of 2011 1. Dinesh Pandey @ Dablu Pandey, son of Late Hridaya Narayan Pandey. 2. Vinod Pandey, son of Late Rajeshwar Pandey. All are residents of Village- Dandwas, Police Station-Mohania, District- Kaimur. 3. Ram Pravesh Pandey, Son of Jai Mangal Pandey. 4. Monu Pandey @ Mannu Pandey, son of Ram Pravesh Pandey. Both are residents of Village-Aladahi, police Station-Mohania, District- Kaimur................................Petitioners. Versus THE STATE OF BIHAR...........................Opposite Party. ----------- 2. 03.02.2011. Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325,307, 504, 379 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged against the petitioners to have assaulted by Garasa on the head of Mithilesh Pandey whereas petitioner no.1 has also assaulted with Garasa on the head of the informant. The injury report does not suggest any sharp cutting injury as contained in Annexure-2. Mithilesh Pandey and Rajesh Kumar Pandey have received two injuries each of which both have received one lacerated injury while the other injury of Rajesh Kumar Pandey is swelling whereas other injury of Mithilesh Pandey has been described as 2 bleeding. All the injuries have been found simple in nature. It is further submitted on behalf of the petitioners that the prosecution alleged the assault to Motai Pandey but Motai Pandey has not received any injury. It is further submitted that for fixation of hand pump the dispute arose as both sides are agnates. Considering the fact that both sides are agnates, there is bonafide land dispute and the injury is not corresponding the allegation levelled in the F.I.R., let the petitioners, abovenamed, be released on bail on their surrender before the learned court below within a period of twelve weeks from today in connection with Mohania P.S. Case No. 267 of 2010 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhabua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J.)