IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25990 of 2010 1. NANDU DEV @ NANDU KUMAR DEV SON OF SUBHASH DEV @ SUBHASH DEV. 2. SHIV KUMAR DEV @ SHIV KUMAR SON OF BIHARI LAL DEV, BOTH RESIDENT OF VILLAGE BHAINSLOTI, DEV NAGAR, P.S. KURLIKOT (THAKURGAN), DISTRICT KISHANGANJ – PETITIONHER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 11-08-2010 Heard the parties. In a criminal prosecution for offences under section 436 and some other allied and minor offences under the Indian Penal Code, as also under section 3(1) (x) (xv) and under section 3(2) of the SC/ST ( P.O.A.) Act, an altercation is said to have taken place between the petitioners at one side and the son of the informant at the other side on the question of irrigation of potato field. According to the F.I.R.( Annexure-1), son of the informant was insisting that his potato field should be irrigated from the boring of these petitioners . The petitioners are said to have refused for the same. Whereafter some altercation took place between the parties, resulting in assault by fists. Slaps etc. to the son of the informant. Petitioners are also alleged to have put fire at the house of the informant, as a result of which some portion of the house is said to have burnt. It is submitted that the petitioners and the informant are neighbours and entire occurrence had 2 taken place because of refusal by the petitioners to irrigate the land of informant. Petitioner No.1 is stated to be in judicial custody since 22.03.2010 and petitioner no.2 is stated to be in judicial custody since 14.03.2010. It is further submitted that some other accused persons have been granted anticipatory bail by a Bench of this Court by order dated 12.03.2010 passed in Cr. Misc. No. 3743 of 2010 ( Annexure-5).l In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Thakurganj ( Kurlikot ) P.S. Case No. 246 of 2009. BTiwary/ (Birendra Prasad Verma, J.)