IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15050 of 2009 AKHATAR HUSSAIN,s/o late Nabe Miya @ Nabbu Miya, R/o village-Bariyarpur (Alahdadpur),P.S. & District-Vaishali. Versus STATE OF BIHAR ----------- 02/ 01-05-2009 Heard learned counsel for the petitioner and the State. Informant and the petitioner are Samadhi. Petitioner has been alleged for causing assault by means of Butt of the gun, even then he is apprehending his arrest for the offence under Section 307 of the Penal Code, which apparently cannot be assumed, otherwise gun should be used for firing and allegation of theft is super added. Final form was submitted showing no accusation against this petitioner and informant compromised the case after settlement of the differences. In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Vaishali P.S.Case No.106/2006, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )