IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11210 of 2010 1. SK.MAHENDRA 2. SK. BIJLI ALIAS DAUD @ MOKHTAR, BOTH RESIDENT OF VILLAGE PURAINIYA, POLICE STATION MAINATAND, DISTRICT WEST CHAMPARAN.. PETITIONERS. Versus STATE OF BIHAR--- OPP.PARTY. ----------- For the petitioners: MR. Arjun Prasad No.2, Advocate. For the State: Mr. Rajendra Singh Shastri, A.P.P. 2/ 29.04.2010 Heard the parties. In a criminal prosecution under sections 307/34 besides other minor or bailable offences under the Penal Code, it is submitted that petitioner no.2, namely, Sk. Bijli @ Daud @ Mokhtar is only an order giver and he has not caused any specific injury to the informant. It is further submitted that though there is allegation against petitioner no.1 of assaulting the informant by dagger/ knife on neck and shoulder, but during the course of investigation such allegations were not supported by the prosecution witnesses as also by the medical Board. Be that as it may, taking into consideration the facts and circumstances of the case, in the event of his arrest or surrender in the court below within four weeks from today, let petitioner no.2, namely, Sk. Bijli @ Daud @ Mokhtar be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in connection with Mainatand - 2 - P.S. Case No. 22 of 2009 (G.R.No.1951 of 2009), subject to the conditions as laid down under section 438(2) of the Cr.P.C. However, so far as petitioner no.1, namely, Sk. Mahendra, is concerned, since there is specific allegation of assault on the vital part of the body of the informant, his prayer for anticipatory bail is rejected. He must surrender in the court below within four weeks from today and, if so advised, seek regular bail which shall be disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J ) BTiwary/