IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17473 of 2010 1. Rajeshwar Pandey 2. Laliteshwar Pandey Versus STATE OF BIHAR . ----------- 02 19.05.2010 Heard both sides. Both the petitioners have approached this Court for grant of anticipatory bail in a case instituted under diverse Sections of the Penal Code including Sections 307 of the Penal Code. As per allegation in the F.I.R., petitioner no.1 is said to have ordered and also assaulted the informant on head by means of an iron rod. His younger brother (petitioner no.2) is said to have assaulted the informant with ‘lathi’. Learned counsel for the petitioners submits that there is land dispute between the parties. It is next contended that the injury sustained by the informant has found to be simple in nature. It is further highlighted that so far as petitioner no.2 is concerned, there does not appear to be a corresponding injury on the person of the informant. In the facts and circumstances of the case, this Court is persuaded to extend the privilege of anticipatory bail to petitioner no.2, namely, Laliteshwar Pandey. In the event of arrest or surrender within a period of four weeks from today before the Court below, petitioner no.2 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two 2 sureties of the like amount each to the satisfaction of the CJM Saharsa in connection with Bihra P.S.Case no. 25 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. So far as petitioner no.1, namely, Rajeshwar Pandey is concerned, his prayer for bail is rejected. He may surrender before the Court below and apply for regular bail which shall be considered on its own merit uninfluenced by the present order passed by this Court in the present proceedings. Sym ( Kishore K. Mandal, J.)