IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1141 of 2010 RAM NIWASH CHOUBEY & ORS Versus STATE OF BIHAR ----------- 2. 09.03.2010 Heard the learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in Brahampur P.S. Case No. 298 of 2009 under Section 341, 323, 324, 307 and 504 of the Indian Penal Code. The allegation as per F.I.R. is that a branch of one old Bargadh Tree, near the house of the informant had broken and fallen down. The petitioners who are the neighbors of the informant, tried to take away the fallen wood and the informant also claimed and protested the petitioners from taking away the same, whereupon, a dispute took place and then it is said that the petitioner Ram Niwash Couubey caught hold of the informant’s neck and pressed it and the petitioners Jai Prakash Choubey, Munna Choubey assaulted the informant by fist and slap and co-accused Shankar Bahagwan Choubey (who is not amongst the petitioners) also assaulted the informant with Chhura causing injuries. The learned counsel for the petitioner submits that the petitioners are neighbours and Gotias of the informant. It is also submitted that till date the injuries have not been found to be grievous. Further submission is that co-accused Shankar Bhagwan Choubey who is said to have assaulted the informant by means of Chhura, has - 2 - been allowed regular bail by this Court vide order dated 25.1.2010 passed in Cr. Misc. No. 640 of 2010. The learned counsel also submits that the petitioner Jai Prakash Choubey is an Army Personnel, posted at Bangladesh border and petitioner Munna Choubey is a student who has to appear in the intermediate final examination. It is submitted that there is no allegation on the petitioners of causing any grievous injury and they have been falsely implicated due to enmity. In the facts and circumstances of the case, in the event of arrest/surrender, within a period of four weeks, the petitioners, namely, 1.Ram Niwash Choubey, 2. Jai Prakash Choubey @ Jai Prakash, 3. Munna Choubey are admitted to anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in Brahampur P.S. Case No. 298 of 2009, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (C.M. Prasad, J.) Ravi/-