IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8094 of 2010 1. MD.AFZAL HUSSAIN 2.Md. Asraf @ Pintu @ Md. Asraf Hussain ……Petitioners. Versus STATE OF BIHAR ----------- 2 12.4.2010 Heard the parties. Petitioners apprehend their arrest in connection with Araria P.S. case No. 540 of 2008 dated 12.10.2008 registered under sections 341, 323, 324, 307, 379, 506, 354/34 of the Indian Penal Code. According to the prosecution case while the informant along with her brother was returning on a Rickshaw, all the four FIR named accused persons are said to have surrounded them and thereafter accused persons assaulted them with lathi, danda, fists and slaps. In the first part of the FIR specific allegation has not been assigned against petitioner no.2 but in the second part of the FIR he is alleged to be armed with sword. By referring to injury report vide Annexure-2 he submits that the injuries on the person of the injured were found to be simple in nature. It is also submitted that the injury on the fore head could not have been inflicted by sword rather it could have been caused by some hard and blunt substance. Some previous disputes were also going on. It is highlighted that co-accused Md. Asif Hussain @ Md. Asssif and Md. Amir Hussain @ Md. Amir with almost similar and identical allegation have been extended the privilege of anticipatory bail by a Bench of this Court by order dated 9.2.2010 passed in Cr. Misc. No. 41807 of 2009. In the aforesaid back ground the above named petitioners in the event of their arrest or surrender in the court below within a period of four weeks from today shall be enlarged on bail on furnishing bail bonds of Rs. - 2 - 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Araria in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman