IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2790 of 2010 1.AJAY YADAV son of Brahamdeo Yadav 2.Laldeo Yadav son of Surajdeo Yadav , both r/o village Itwa, Khairi, P.S. Kasma, Dist. Aurangabad …Petitioners. Versus STATE OF BIHAR ----------- 2 26.3.2010 Heard Mr. Anil Kumar No. 6, learned counsel appearing for the petitioners, Mr. Akhori Kamal Kishore Sahay, learned counsel for the informant and learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Kasma P.S. Case No. 33 of 2009, dated 1.10.2009, registered under sections 147, 148, 149, 341, 323, 324 and 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that originally cases was instituted for minor offences and save and except offences under section 324 and 379, all other offences, are bailable. Subsequently section 307 of the Indian Penal Code was also added. He further submits that the entire occurrence has taken place on the question of irrigation of field and according to him even according to the prosecution case no case under section 307 I.P.C. is made out against the petitioners. He submits that hardly a case under section 324 I.P.C. is attracted in the present case. Learned counsel for the informant has strongly opposed the prayer for anticipatory bail and he submits that there is direct allegation of assault against these two petitioners. In the aforesaid back ground, this court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is accordingly dismissed. Petitioners must surrender in the court below - 2 - within four weeks from today and if so advised may seek regular bail. If , such a petition is filed , then the same should be considered on its own merit without being prejudiced by this order. While disposing of the bail petition, filed on behalf of the petitioners, the court below shall take into consideration all other materials including the submissions made on behalf of the petitioners which have been referred to in this order. (Birendra Prasad Verma, J) M.Rahman