IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28696 of 2008 1. BHOLA JHA son of Late Badri Nath Jha 2. Dani Jha son of Late Badri Nath Jha 3. Shiv Nath Jha son of Late Badri Nath Jha 4. Sanjay Jha @ Sanjy Kumar Jha son of Bhola Jha 5. Gira Nand Jha son of Late Vishwanath Jha 6. Nirkant Jha son of Late Vishwanath Jha All resident of Village Parsahat, P.S. Raniganj, District Araria -----------Petitioners Versus THE STATE OF BIHAR -----------Opp Party --------- 3. 29.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Raniganj P.S. Case No.331/2007 for the alleged offences registered under sections 147, 148, 149, 307, 380 and 504 of the Indian Penal Code. The allegation against the petitioners is to the effect that they assaulted the informant and his family members on the orders of petitioner no.1 by Farsa and Lathi. It is submitted on behalf of the petitioners that the petitioners as well as the informant’s side are own Gotias. On account of certain differences in performing the rituals after the death, this alleged incident had taken place in which, in fact, petitioner no.2 received serious head injuries as would be appearing from Annexure- 3. Learned counsel further submits that the injuries alleged to have been caused by the petitioners are simple in nature as stated in paragraph 10 of the petition. The petitioners have been implicated in this case by the informant taking advantage of the time in getting the treatment of petitioner no.2. Besides the above, it is submitted that the 2 informant and the petitioners have sorted out the differences and arrived at an amicable settlement and filed a compromise petition, as contained in Annexure 5. Some of the prosecution witnesses have filed affidavits stating therein that they have not seen the alleged occurrence. The learned counsel appearing for the State, on the other hand, submits that there is specific allegation against the petitioners of causing assault and, as such, the petitioners are not entitled to be enlarged on anticipatory bail. Considering the submissions of the parties and in the facts and circumstances of the case, it is directed that petitioners no.1 to 6, namely, Bhola Jha, Dani Jha, Shiv Nath Jha, Sanjay Jha @ Sanjay Kumar Jha, Gira Nand Jha and Nirkant Jha, respectively, in the event of their arrest or surrender in connection with Raniganj P.S. Case No.331/2007, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)