IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4885 of 2010 DEVENDRA MANDAL,son of late Dukhan Mandal, resident of village-Bitho,P.S.-Pandaul, District-Madhubani. Versus THE STATE OF BIHAR ----------- For the Petitioner :Mr.Rajiv Ranjan Pandey, Advocate For the State :Mr.Nityanand Tiwry, Addl.P.P. ---------- 02/ 09-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Pandaul P.S.Case No.127 of 2009 dated 16-08-2009, registered under Sections 448/341/323/324/379/307/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that accused persons including the petitioner from one side and the informant on the other side are on inimical terms from before, because of some pending land dispute. Though petitioner is alleged to have assaulted the informant by Farsa on his head, but there is absolutely no allegation of repetition of Farsa blow and, therefore, the petitioner had no mens rea to commit an offence punishable under Section 307 of the Indian Penal Code. By referring to Annexure-2, he submits that injury on the person of the informant was found to be simple in nature. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that there is specific allegation of assault against the petitioner for causing injury on the 2 head of the informant. In that view of the matter, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. It is, accordingly, dismissed. Petitioner must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)