IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40953 of 2009 1. SANJAY MAHTO 2. Pappu Mahto 3. Subodh Mahto 4. Birendra Mahto All sons of Banarasi Mahto, residents of village-Rata, P.S.- Halsi, P.O.- Konag,District-Lakhisarai. Versus THE STATE OF BIHAR ----------- 02/ 08-12-2009 Heard learned counsel for the petitioners and the State. Two of the offences alleged are non-bailable. For the offence under Section 379 of the Indian Penal it is said that the same is ornamental levelled only to make the allegation serious to pressurize to have gain for land dispute and for the offence under Section 307 of the Indian Penal Code it is said that the spade is also alleged to have been used and the injury on the person of the victim has been found caused by hard and blunt substance which is simple in nature justifying petitioners for anticipatory bail. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Halsi P.S.Case No. 48/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )