IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7576 of 2010 1.MD.MUSTAFA, son of late Habibul Mian 2.Naushad Mian, son of Md. Mustafa Both residents of village Bhawalpur, P.S.Marhowrah District Saran at Chapra-----------------petitioners Versus THE STATE OF BIHAR-----------------------opp.party ----------- For the petitioners :Mrs.Rajani Kumari,Advocate For the State :Mrs.Veena Kumari Jaiswal,APP ---- 2. 19.3.2010 Heard learned counsel for the petitioners and the State. The petitioners, who are father and son, apprehend their arrest in a case instituted under Sections 307/34 of the Indian Penal Code and some other minor offences as also under Section 27 of the Arms Act. According to the FIR, on the question of ploughing some land an altercation took place between the parties and on the order of petitioner no.1 Md.Mustafa, petitioner no.2 Naushad Mian is said to have fired causing injury in the left palm of the informant. Learned counsel for the petitioners submits that both sides are close family members and now the matter has been compromised and the entire occurrence had taken place because of bonafide land dispute. Learned counsel for the State has opposed the prayer for anticipatory bail. 2 In the aforesaid facts and circumstances, prayer for anticipatory bail made on behalf of petitioner no.2 Naushad Mian is rejected. However, if he surrenders within a period of four weeks from today and prays for regular bail then the learned court below shall take into consideration all aspects of the matter including the matter regarding compromise between the parties and dispose of the prayer of the petitioner on its own merits, without being prejudiced by this order. So far as the petitioner no.1 Md.Mustafa is concerned, he is said to be an order giver and he has not participated in the actual assault. In that view of the matter, in the event of arrest or surrender within a period of four weeks from today, let the petitioner no.1, Md.Mustafa be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S.case No. 136 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Spal/ (Birendra Prasad Verma,J.)