IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5745 of 2010 1. RAJESH SAH 2. BRIJESH SAH, both are son of Vishundeo Sah 3. ISMAIL MIYAN, son of Liakat Miyan All are residents of Kukura, P.S.-Sikarpur, District-West Champaran. ……..Petitioners Versus The State Of Bihar ……..Opposite Party ----------- 02. 31.03.2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in connection with Hajipur S.C. and S.T. P.S. Case No. 504 of 2009 registered for the offence under Sections 341/323/504/379/447/506 of the Indian Penal Code and 27 of the Arms Act. It is alleged in the written report that the son of the informant used to sell cloth and on 08.09.2009 at 7:00 P.M. nine accused persons including these three petitioners called the son of the informant and assaulted by fist and slap and it is specifically alleged that Bunilal and Nagendra Sah made him naked by tearing his shirt and paint and thereafter Rs. 1200/- was taken out by Bunilal and Nagendra Sah snatched his bicycle. Learned counsel appearing on behalf of the petitioners submitted that the written report has been filed after eight days of the occurrence and that too the 2 occurrence alleged to have been taken place on 08.09.2009 at village Kukura in the district of West Champaran whereas written report has been submitted in Hajipur on 16.09.2009. Moreover the son of the informant Hridya Baitha filed another complaint being Complaint Case No. 2147(C) of 2009 before the Chief Judicial Magistrate, Bettiah on 11.09.2009 for the same occurrence. The police has submitted final form with regard to the five named accused persons particularly Bunilal and Nagendra Sah against whom there is specific allegation of snatching and investigation is still pending against the petitioners. Lastly learned counsel for the petitioners submitted that the case has been lodged as retaliatory measure since the informant has encroached the land allotted for cremation on a complaint of petitioner side an enquiry is kept pending before the Circle Officer which is apparent from Annexure-2 to the petition. In view of the delay in lodging the First Information Report, the land dispute between the parties and that the police has submitted final form with regard to the accused against whom there is specific allegation, I direct to release the above named petitioners on Anticipatory bail, in the event of their surrender before the Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like 3 amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Hajipur S.C. & S.T. P.S. Case No. 504 of 2009 subject to the conditions laid down under Section 438(2) Cr. P.C. Shageer (Dinesh Kumar Singh, J)