IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41933 of 2011 Banwari Singh & Ors. Versus The State Of Bihar 2. 14.12.2011 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in Paliganj P.S.Case No. 39 of 2011 registered u/s 147, 341, 323, 307, 309 and 504 IPC. It appears from the FIR that the informant along with his father had gone to bring green grass from their field for their animals. While they were cutting grass, petitioners and others armed with Khanti, spade, lathi and pistol, reached there, hurled abuses and petitioner no.1 gave iron rod blow on head of his father, as a result of which he fell down on the ground. Thereafter son of Sahjanand, namely petitioner no.3 gave Lathi blow. It is alleged that petitioner no.3 used Lathi and tried to press neck of father of the informant. It appears from injury report that injury Nos. 1 and 2 are simple, whereas opinion with regard to injury no.3 was kept pending for expert’s opinion, but it appears to have been caused by petitioner no.3. It is submitted by the learned counsel for the 2 petitioners that petitioner no.1 is aged 68 years and petitioner no. 2 is aged more than 70 years and there is a dispute between the parties in connection with land and later on son of petitioner no.1 was also killed. In the facts and circumstances of the case, in the event of arrest or surrender within 4 weeks from to-day, petitioner Nos. 1 Banwari Singh and (2) Satya Narayan Singh are directed to be enlarged on bail on their furnishing bail bond of Rs./10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in Paliganj P.S.Case No. 39 of 2011, subject to the conditions laid down u/s 438(2) Cr.P.C. and on the undertaking by the petitioners to co- cooperate with the investigation and trial of the case. So far petitioner no.3 Sunny Kumar is concerned, his prayer for bail is rejected. It is submitted that he is a student of Class-X, so a sympathetic view may be taken. As such, the court below will consider this aspect of the matter, if he surrenders and makes prayer for regular bail, without being prejudiced by this order. Jay/ (Shivaji Pandey, J)