IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.23621 of 2011 Ram Das Noniya & Ors. Versus The State Of Bihar ----------- 2. 20.7.2011 Heard both parties. Petitioners are apprehending their arrest in Sheikhpura P.S. Case No. 244/2010 registered for offence under Sections 147, 148, 149, 341, 323, 324, 325 & 307 of the Indian Penal Code. The learned counsel for the petitioner has stated that the petitioners of this case and the informant side are agnates there was a land dispute in between the parties, both sides have lodged case and counter case against each other. In the present case it has been stated that there was a land dispute in between the parties and the case in connection with the same is pending in the Court. It has been stated in the F.I.R. that his brother, Sujit Noniya and Vijay Noniya after ploughing the field, had gone to market while he was going to his field for natural call. Petitioners variously armed surrounded the informant started assaulting him, when he has raised the alarm, his nephew rushed to place where he was also assaulted. Learned counsel for the petitioner has stated that there is a counter case lodged from the side of the petitioner, shows that the informant side has also used violence against them. 2 He has pointed out that annexure-3 series are injury reports which shows the injuries sustained by the informant side are simple. It has further been argued that the injuries sustained by the petitioners side are grievous which is apparent from annexure-4 series. As there is a case and counter case, petitioners side have received the grievous injury whereas a nature of injuries sustained by the side of informant are simple, and as such, the petitioners deserve the privilege of anticipatory bail In this view of the matter, in the event of arrest or surrender within 3 weeks, petitioners, namely, (1) Ram Das Noniya, (2) Manoj Kumar, (3) Ram Jatan Noniya, (4) Ajit Kumar Noniya @ Ajit Noniya, (5) Niranjan Noniya, (6) Umesh Noniya, (7) Rajdeo Kumar @ Rajdeo Noniya, (8) Rajni Kumar @ Rajni Noniya, (9) Chandan Noniya and (10) Indradeo Noniya are directed to be released on bail on their furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in P.S. Case No. 244 of 2010, subject to the conditions as laid down under Section 438 (2), Cr. P.C. Mkc/- (Shivaji Pandey, J.)