IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12752 of 2010 1.GANESH YADAV 2.Shivji Yadav@Shivji Prasad 3.Sharwan Yadav Petitioners. Versus STATE OF BIHAR Opposite Paprty. ----------- For the petitioners : Mr. Ajy Kumar Thakur, Advocate. For the State : Mr. Dilip Kumar , A.P.P. ------- 2 14.5.2010 Heard the parties. In a criminal prosecution for offences under sections 307, 379/34 and other minor or bailable offences of the Indian Penal Code, the petitioner no.2 Shivji Yadav @ Shivji Prasad is alleged to have assaulted the informant by iron rod on his head, whereas co- accused Dilip Yadav is alleged to have assaulted by iron rod on the head of the wife of the informant. Thereafter petitioners no. 1 and 3 are also alleged to have assaulted them by lathi etc. Learned counsel for the petitioners submits that there are case and counter case from both sides and on certain petty disputes the occurrence had taken place. It is also highlighted that so far petitioner nos. 1 and 3 are concerned, specific role has not been assigned against them for causing specific injury either to the informant or his wife. Be that as it may, in view of nature of allegation and in view of fact that petitioner no.2 Shiji Yadav @ Shiivji Prasad is specifically alleged to have assaulted by iron rod upon the head of the informant, and injury report of the informant supports that allegation, in that view of the matter, his prayer for anticipatory - 2 - bail is rejected. He must surrender in the court below within a period of four weeks from today in connection with Agamkuan P.S. Case no. 283 of 2009 and if so advised, seek regular bail. However, so far petitioner nos. 1 and 3 are concerned, they are not specifically alleged to have caused any specific injury either to the informant or his wife, in that view of the matter, in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners no.1 and 3 shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna-city in connection with Agamkuan P.S. Case no.283 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman