IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22022 of 2009 LAL BABU RAI Versus STATE OF BIHAR ----------- 2 08.09.2009 Heard both sides. The petitioner seeks anticipatory bail in a case instituted under diverse section of Indian Penal Code including Section 307 IPC. It appears from the record that there are two versions. The present is a case lodged by Mahendra Rai alleging therein that the accused were involved in cutting bamboo which was protested whereafter they assaulted. Allegation is that petitioner gave one lathi blow to the informant. It is admitted in this F.I.R that there is already a civil suit going on between the parties. There is yet another version in the shape of Annexure- 2 lodged by own brother of the petitioner. That case also indicates that over cutting of bamboos, the accused persons assaulted the informant and other members of his family. In that occurrence, the father of the present petitioner received grievous injury which led to his death. It is contended that in a free fight, the petitioner probably acted in self-defence and gave a singular blow to the informant. In a situation where the father is being mercilessly assaulted by the accused persons, the petitioner being the son retaliated. Learned counsel appearing on behalf of the informant 2 opposed the prayer. Having regard to the facts appearing on the record, this court is persuaded to extend the petitioner the privilege of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Motihari in connection with Ghora Sahan P.S. case no. 19 of 2009 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. pkj ( Kishore K. Mandal, J. )