IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44081 of 2010 1. Rajesh Sahani son of Dharichhan Sahani. 2. Umesh Sahani son of Dharichhan Sahani. 3. Abhiram Mukhiya son of Bunela mukhiya. 4. Sudama Mukhiya son of Kamal Mukhia. All resident of village- Sathi, P.S. Sathi, District- West Champaran --- Petitioners. Versus THE STATE OF BIHAR -- Opp. Party. ----------- 3/ 26-03-2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under sections 307/34 and some other allied offences of the Indian Penal Code. Learned counsel for the petitioners submits that though there is allegation of assault by farsa against petitioner no.1, Rajesh Sahani and petitioner no.2, Umesh Sahani, but petitioner no. 3 and 4 are not alleged to have assaulted by any lethal weapon. Allegations against them are almost general and omnibus in nature. He also submits that entire occurrence has taken place because of dispute for settlement of sairat. Learned counsel for the State submits that the injury report, contained in paragraphs 34 and 35 of the case diary support the prosecution case and two persons sustained injuries on their persons, but he fairly submits that the injuries found on their persons were opined to be simple in nature. Be that as it may, considering the nature of 2 injuries caused by petitioner no. 1 an 2, namely, Rajesh Sahani and Umesh Sahani, and having assaulted by farsa, their prayer for anticipatory bail is rejected. They must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. However, so far as petitioner no. 3 and 4, namely, Abhiram Mukhiya and Sudama Mukhiya are concerned, in the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks from today, they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah in Sathi P.S. Case No. 101 of 2010, subject to conditions laid down under section 438(2) of the Cr. P.C. BTiwary/ ( Birendra Prasad Verma, J.)