IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35485 of 2009 1. BAIJNATH SINGH,son of Brahamdeo Singh 2. Manish Kumar Singh,son of Baijnath Singh Resident of village-Gandi,P.S.- Krishnagarh,District-Bhojpur. Versus THE STATE OF BIHAR ----------- 04/ 26-03-2010 By order dated 27-11-2009 prayer for anticipatory bail made on behalf of petitioner no.1 was allowed and now therefore this petition is confined to the prayer made on behalf of petitioner no.2 Manish Kumar Singh only. Heard Mr. Rakesh Kumar Sinha, learned counsel appearing for petitioner no.2 and Sri Upendra Prasad, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barhara (krishnagarh) P.S.Case No.178 of 2009, registered for the offences under Sections 341, 325, 504, 307/34 of the Indian Penal Code. This is an unfortunate case in which this petitioner is alleged to have assaulted his own uncle because of certain dispute regarding family property. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and injury report does not support the prosecution version. Learned counsel for the State has drawn the attention of the Court towards the findings recorded by the learned Sessions Judge, Bhojpur at Ara in paragraphs-5 and 6 of the impugned order. From the findings of the learned Sessions Judge, it appears that 3rd to 8th ribs of the informant were found 2 fractured, and besides that there were some other injuries on his person. In the aforesaid background petitioner no.2 is not entitled to have the privilege of anticipatory bail. His prayer for anticipatory bail is dismissed. Petitioner no.2 must surrender within a period of four weeks from today and seek regular bail. If such a petition is filed in the court below, the same shall be considered on its own merit without being prejudiced by this order and also by looking to other pleas, which may be raised by petitioner no.2 including the plea regarding injury report and the fact that co-accused Jitendra Singh has been allowed regular bail. AH/ ( Birendra Prasad Verma, J.)