IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21649 of 2011 1.Ankur Pandey @ Lavkush son of late Sheo Prakash Pandey 2.Sheo Prakash Pandey son of Ramadhar Pandey 3.Ved Prakash Pandey son of Ramadhar Pandey 4.Abhishek Pandey son of Prem Prakash Pandey All residents of village-Bharkhar, P.S.-Mohania, District-Kaimur (Bhabhua) Versus The State Of Bihar ----------- 2. 8.7.2011. Heard learned counsel for petitioners and learned counsel for the State. Apprehending their arrest in connection with Mohania P.S. Case No. 183 of 2011 registered for the offence under sections 341, 323, 307 and 448/34 of the Indian Penal Code, petitioners have prayed for grant of bail. It is submitted on behalf of petitioners that bare perusal of the order dated 22.6.2011 passed by learned Sessions Judge, Kaimur at Bhabua by which prayer for bail of petitioners has been rejected would reflect that the case is fit for grant of anticipatory bail. I have perused the aforesaid order passed by the court below. I find substance in the submissions made by learned counsel for petitioners. From bare perusal of the order passed by the learned Sessions Judge, Kaimur at Bhabua it is apparent that he disposed of anticipatory bail under sections 438 of the Code of Criminal Procedure taking into consideration following facts:- (a)The parties are agnates. (b)There is dispute with respect to partition in the family. (c)The injury report goes to suggest that the injuries are swelling, abrasion, bruise and complain of body ache. (d)The doctor opined the injuries to be simple in nature caused by hard and blunt substance. 2 On consideration of the aforesaid grounds application under section 438 of the Code of Criminal Procedure has been disposed of and direction has been given to surrender and seek regular bail. In my view, if these were the facts, the court below ought to have exercised its power under section 438 of the Code of Criminal Procedure instead of direction to petitioners to surrender and seek regular bail. Taking into consideration all these facts, let petitioners, namely, 1.Ankur Pandey @ Lavkush 2.Sheo Prakash Pandey, 3.Ved Prakash Pandey and 4.Abhishek Pandey in the event of their arrest or surrender before the court below within a period of four weeks from the date of communication of this order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No.183 of 2011. Md.S. ( Ashwani Kumar Singh, J.)