IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33214 of 2010 MD.SIDDIQUE MIYAN & ORS Versus THE STATE OF BIHAR ----------- 2 03.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Petitioners, namely, Md. Siddique Miyan, Zainul Miyan and Imaman Miyan apprehend their arrest in connection with Barachatti P.S. Case No. 291 of 2009 registered for offence u/S 302/34 of the Indian Penal Code. Allegation against petitioners is that they alongwith other F.I.R. named accused persons went at the disputed land of the informant and tried to install Tazia and when protest was made, petitioners and other associates assaulted the informant and his family members with deadly weapon as a result of which several persons sustained injuries and in course of treatment, informant’s father died. Contention of learned counsel for petitioners is that there is case and counter case between the parties and admittedly, persons from both sides sustained injuries. He pointed out that as a matter of fact, the informant and his family members forcibly tried to grab the disputed land and on account of that scuffle took place between the parties in which several persons sustained injuries but unfortunately, one person of the informant side died in course of treatment. 2 In my view, it is not a fit case for grant of anticipatory bail. Accordingly, this anticipatory bail petition stands rejected. However, at the time of consideration of regular bail petition of the petitioner, this order shall not prejudice the court below. AKV/- ( Hemant Kumar Srivastava,J.)