IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11559 of 2010 1.CHANDESHWAR RAY SON OF BHUNESHWAR RAI 2.SASHI BHUSHAN ROY @ SASHI BHUSHAN KUMAR 3.MANISH KUMAR ROY @ MANISH KR. BOTH SONS OF CHANDESHWAR RAYALL ARE RESIDENT OF VILLAGE PATPARA SOUTH,P.S. BIBHUTIPUR,DIST. SAMASTIPUR ………..PETITIONERS. Versus STATE OF BIHAR…………………………………O.P. ----------- 2 28.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Bibhutipur P.S. Case No. 11 of 2010 dated 14.1.2010 registered under section 307 of the Indian Penal Code and some other minor or bailable offences. It is submitted by learned counsel for the petitioners that both sides are in fact family members and closely related to each other, but due to previous land dispute and previous criminal case filed by petitioner no.1 vide annexure-2 against members of the prosecution party, the present case has been lodged with all baseless and false allegation against them. Learned counsel for the State has opposed the prayer for anticipatory bail and has stated that petitioner no.1 is alleged to have assaulted the informant by farsa on her head as also to her husband. However, he has fairly conceded that the injuries sustained by the injured persons are simple in nature. Be that as it may, in view of nature of allegation, the prayer for anticipatory bail made on behalf of petitioner no.1, namely, Chandeshwar Roy is rejected .He 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 in the court below, then the same may be considered on its own merit without being prejudiced by the by the present order. - 2 - However, so far petitioners no.2 and 3 are concerned, in view of nature of allegation, their prayer for anticipatory bail is allowed. Let petitioners no. 2 and 3, namely, Sashi Bhushan Roy @ Sashi Bhushan Kumar and Manish Kumar Roy @ Manish Kumar, in the event of their arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of A.C.J.M, Rosera, in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman