IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11143 of 2010 1. SIDHESHWAR NATH SUMAN 2. VIJAY MAHTO SON OF JAGARNATH MAHTO 3. LALDEO RAI, SON OF JATAI RAI, ALL ARE RESIDENTS OF VILLAGE BANARPUR, P.S. SAKRA, DISTT. MUZAFFARPUR. --- Peitioner. Versus STATE OF BIHAR…. Opp.Party. ----------- For the petitioner : Mr. Arvind Kumar Verma, Advocate. For the State : Mr. Sunil Kumar Pandey, A.P.P. ----- 2/ 28.04.2010 Heard the parties. Petitioners apprehend their arrest in connection with Sakra P.S. Case No. 117 of 2001 dated 15.06.2001 registered under sections 144, 341, 323, 379 , 504 of the Indian Penal Code and also under section 27 of the Arms Act. According to the prosecution case, the petitioners are alleged to have plucked mangoes from an orchard allegedly belonging to the informant and on protest by the prosecution parties, petitioner no.1 is alleged to have fired from a country made pistol. They are also alleged to have assaulted the informant and others with fists, slaps etc. It is submitted by the learned counsel for the petitioner that petitioner no.1 and the informant are co- sharer and the properties are still joint. A partition suit is also pending between the parties. Petitioners no. 2 and 3 are said to be the Manager and watchman of petitioner - 2 - no.1. It is also highlighted that admittedly nobody had sustained any injury. Be that as it may, in view of the pendency of the partition suit between petitioner no.1 and the informant and they being the co-sharers, let the above named petitioners, in the event of their arrest or surrender in the court below within four weeks from today, 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 Chief Judicial Magistrate, Muzaffarpur in Sakra P.S.Case No. 117 of 2001, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/