IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7130 of 2010 SUKHDEO OJHA & ORS Versus STATE OF BIHAR ----------- 2 26.2.2010 Heard learned counsel for the parties. All the petitioners are apprehending their arrest in Baroon P.S. Case No. 294 of 2009 which was instituted under sections 147, 149, 341, 323, 307 and 379 of the Indian Penal Code. Submission of learned counsel representing the petitioners is that at least petitioner nos. 1 and 3 are elderly persons and every family members have been dragged in the dispute because of on going land dispute. There are generality of the allegation that everybody participated in assault. Though from the FIR it is evident that there is material to show that there was a kind of land dispute which led to some fight between the parties but the chance of false implication arises from the fact that everybody has been alleged to have caused injury on the informant without any specific assignment on him. Keeping the advance age of petitioner nos. 1 and 3, namely, Sukhdeo Ojha and Ramjatan Pandey respectively are directed to surrender before the court below within a period of four weeks from today and on their so surrendering, they shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Baroon P.S. Case No. 294 of 2009, subject to the - 2 - conditions as laid down under section 438(2) of the Cr. P. C. The prayer for anticipatory bail with regard to petitioner no.2 is hereby rejected. He has freedom to surrender before the court below and pray for regular bail which will be considered on its own merit and evidence. RPS (Ajay Kumar Tripathi,J.)