IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17935 of 2011 1. Naresh Yadav, son of late Gajadhar Yadav 2. Lalu Yadav, son of Naresh Yadav Both resident of village – Mirzapur Changeri, P.S. – Banka (Barahat), District – Banka. -------- Petitioners. Versus The State of Bihar -----Opposite Party ***** 05. 15.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The two petitioners, apprehending their arrest in connection with Banka (Barahat) P.S. Case No. 302/2009, for the offences under sections 341/323/307/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Banka, are named accused in this case with allegation of inflicting injuries upon informant and her husband while they were seeking due share in respective properties. Submission is that there is counter version also and petitioner’s side including petitioner no. 2 and his wife both have been assaulted by husband of the informant. Further submission is that injuries caused upon informant and her husband are simple in nature, whereas injuries caused upon wife of petitioner no. 1 is grievous in nature. Learned Additional Public Prosecutor while objecting the prayer pointed out that earlier petitioner’s prayer for anticipatory bail was permitted to be withdrawn on 11th November 2009 by learned Sessions Judge, but instead of surrendering before the court below for which he withdrawn another application was filed and subsequently rejected. Further the injuries sustained by the informant and her husband is on vital part of the body i.e. head. Considering the facts and circumstances of the case petitioners are not entitled the privilege sought. Accordingly, prayer for anticipatory bail of the petitioners is refused. Rajeev/ ( Akhilesh Chandra, J.)