IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8483 of 2010 1. SUKAN SINGH,s/o Sri Samta Singh 2. Gauri Shanker Sharma,s/o Late Sri Ramautar Sharma, Both resident of village-Naughar,P.S.- Khizersarai,District-Gaya .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 16-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Khizersarai P.S.Case No.148 of 2009 dated 15-09-2009, registered under Sections 147/148/149/323/324/307/504 of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that there are a case and counter case vide Annexures-1 and 2 respectively from both the sides with respect to occurrence said to have taken place on the same date. By referring to Annexure-3, he further submits that the injuries sustained by the injured persons have been opined to be simple in nature. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has pointed out that petitioner no.2, Gauri Shanker Sharma, is alleged to have attempted to assault the informant by Gandasa on his head, but that was thwarted by him causing injury in the right hand and petitioner no.1, Sukan Singh, is alleged to have assaulted by Lathi on his right arm and back. In the aforesaid background and taking into consideration the fact that petitioner no.2 is alleged to have used 2 Gandasa for causing injury to the informant, his prayer for anticipatory bail is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. However, so far petitioner no.1, Sukan Singh, is concerned, he is alleged to have assaulted by Lathi only on non- vital part of the body of the informant. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)