IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3858 of 2010 BABBU SINGH Rinku Singh Prasun Singh @ Prasann Singh Shailendra Singh, all are resident of village Dighi, P.S. Murliganj, Dist. Madhepura…….Petitioners. Versus THE STATE OF BIHAR With Cri. Misc. No. 10055 of 2010 Babua Singh Versus The State of Bihar. ----------- 3 9.4.2010 Heard Mr. Shakeel Ahmad Khan, learned senior counsel for the petitioners, Mr. S.A. Ahmad and Dr. Indiwar Kumari,Addl. P.Ps appearing for the State in both the cases. Petitioners apprehend their arrest in connection with Murliganj P.S. Case No. 212 of 2009 dated 1.10.2009 registered under sections 147, 148, 149, 323, 307 and 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that there arecase and counter case vide Annexures 1 and 2 respectively with respect to the same occurrence and both sides have sustained injuries. Petitioners no.1,2 and 3 are not alleged to have participated in the actual assault to the informant,but petitioner no.4 Shailednra Singh is said to have assaulted by Lathi on the right shoulder of the informant. It is submitted that petitioner Babua Singh of Cr. Misc. No. 10055 of 2010 is alleged to have given farsa blow on head of the informant, but there is no allegation of repetition of farsa blow. Learned counsels appearing for the state have opposed the prayer made on behalf of the petitioners for grant of anticipatory bail. It was specifically pointed out that petitioner Babua Singh assaulted the informant - 2 - by farsa on his head, as a result of which he sustained injury and he was referred to Purnea for the treatment. However, it was conceded that so far other petitioners are concerned; they are not alleged to have caused any injury on any vital part of the body of the informant. Be that as it may, in the facts and circumstances of the case, let the above named petitioners, namely, Babbu Singh, Rinku Singh @ Rintu Singh, Prasun Singh alias Prasann Singh and Shailendra Singh 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) with two sureties of like amount each to the satisfaction of C.J.M, Madhepura in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. However, so far petitioner Babua Singh is concerned, in view of the fact that there is specific allegation of assault on head of the informant, his payer for anticipatory bail 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, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman