IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49156 of 2008 1. ACHHELAL RAI, SON OF ABHILAKH RAI 2. YADOLAL RAI @ YADAV LAL RAI, SON OF ABHILAKH RAI Both are residents of village Bharthuia, P.S. Pipra, District – East Champaran at Motihari Versus STATE OF BIHAR ----------- 2. 12.12.2008 Heard the parties. Petitioners are accused in a case registered for the offences under Sections 314, 342, 323, 324, 354, 379, 307 and 504/34 of the Indian Penal Code. Petitioners and the informant are agnate and the allegation against the petitioners is that they assaulted the informant by Farsa and Garasa. Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation of assaulting by Farsa and Garasa on the head of informant which resulted into fracture against petitioner no.2. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Achhelal Rai be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Pipra P.S. Case No. 117 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. So far as petitioner no.2, Yadolal Rai @ Yadav Lal Rai is concerned, considering the nature of allegation, I am not inclined to grant anticipatory bail to petitioner no.2. Accordingly, prayer for bail on behalf of petitioner no.2 is rejected. If the petitioner on surrender before the court below makes an application for bail, the same will be considered on its own merits and disposed of by the court below in accordance with law without being prejudiced by the order of this court. Jagdish/- (Shailesh Kumar Sinha,J)