IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38094 of 2009 1. DINESH THAKUR 2. UMANAND THAKUR 3. SHANKAR THAKUR 4. SUBRAN THAKUR Versus THE STATE OF BIHAR . ----------- 02 30.11.2009 Heard both sides. Petitioners, four in numbers, have approached this Court seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code including Section 307 of the Penal Code. Affixing ‘Khuta’ at a particular place gave rise to scuffle between the parties. Allegation is that the accused persons surrounded and assaulted the informant. There is counter version to the occurrence in the shape of a complaint petition lodged by co- accused Shankar Thakur. From the F.I.R., it appears that specific allegation of assault in the ‘mar-pit’ is attributed to petitioner no.1 Dinesh Thakur, who is said to have assaulted on the head of the informant. In that view of the matter, this Court is not inclined to extend the privilege of anticipatory bail to petitioner no.1, namely, Dinesh Thakur. Prayer for bail is, accordingly, rejected. So far as the petitioner nos. 2 to 4 are concerned, considering the prosecution case, this Court is inclined to extend them the privilege of anticipatory bail. In the event of arrest or 2 surrender before the Court below within a period of four weeks from today, petitioner nos. 2 to 4, namely, Umanand Thakur, Shankar Thakur and Subran Thakur are directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Madhubani in connection with Bisfi P.S.Case no. 195 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This order is further subject to the condition that no sooner the case reaches up to the level of framing of charge, the petitioners shall appear in person before the Court below on the date fixed at the trial. In case of default on two consecutive date the trial Court shall have liberty to cancel their bail bond and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)