IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13237 of 2009 JAY PRAKASH THAKUR & ORS Versus THE STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under Sections 147, 148, 149, 341, 323, 452, 380, 504 and 427 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no. 2 is the full brother of the informant, whereas petitioner no. 1 is the son of petitioner no. 2 and the other petitioners are their relatives. He further submits that there is a land dispute, due to which they have been falsely implicated, although no such occurrence had ever taken place nor there is any injury on the person of informant or his family members. He also submits that due to the aforesaid dispute the petitioners have been falsely implicated, although they have committed no such offence. On the other hand, learned counsel for the informant vehemently opposes the contentions of learned counsel for the petitioners and submits that there was no immediate cause for such offence and the petitioners forcibly entered into his house and abused the female members of the family and went away and second time also they entered and assaulted the informant and his son. Considering the facts and circumstances of this case as well - 2 - as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely, Jay Prakash Thakur, Yogendra Thakur, Shri Narain Singh and Santosh Singh shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No. 381 of 2008, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. DKS/ (S.N. Hussain, J.)