IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11116 of 2010 1. RAMAN THAKUR,son of Madan Thakur 2. Anil Mishra,son of Kailu Mishra 3. Laddu Jha,son of Tej Narayan Jha All residents of vill.-Lakhnour, P.S.-Lakhnour, Distt.-Madhubani. .. .. .. .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- 02/ 26-04-2010 Heard the parties. Petitioners apprehend their arrest in connection with Lakhnour P.S.Case No.77 of 2009 dated 26-11-2009, registered under Section 341/342/323/325/379/324/307/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there are case and counter case vide Annexures-1 and 2 respectively and the case by the petitioner no.1 vide Annexure-2 was filed earlier and thereafter the present case vide Annexure-1 has been lodged by way of retaliation. By referring to Annexure-3, the injury report, it is also submitted that corresponding injury has not been found by the doctor. In that view of the matter, the petitioners may be extended the privilege of anticipatory bail. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that so far petitioners no.1 and 3 are concerned, they are alleged to have assaulted the informant, as a result of which he sustained grievous injury on his person. However, it was fairly conceded by the learned counsel for 2 the State that so far petitioner no.2 is concerned, he is only named as accused in the FIR, but no specific overt act has been attributed against him. Be that as it may, in view of the nature of allegation against petitioner no.1 (Raman Thakur) and petitioner no.3 (Laddu Jha), their prayer for anticipatory bail is rejected. They 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.2 (Anil Mishra) is concerned, in view of the facts that there is no specific allegation against him for committing the crime in question, in the event of arrest/surrender within a period of four weeks from today in the above noted case, petitioner no.2 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 Additional Chief Judicial Magistrate, Jhanjharpur, Distt.-Madhubani, 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.)