IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40812 of 2009 1. SRI KISHUN THAKUR @ RADHA KISHUN THAKUR Son of late Ram Janam Thakur resident of of village Suryapura P.S.Suryapura, District Rohtas. 2. Lalan Sharma son of Mahesh Thakur resident of village Jainagar, P.S. Nokha, Dist. Rohtas ….Petitioners. Versus THE STATE OF BIHAR ----------- 2 1.12.2009 Heard learned counsel for the petitioners and learned A.P.P. for the State. Petitioners are in custody in Suryapura P.S. case No. 39 of 2009 which was initially instituted under sections 341, 323, 307, 504/34 of the Indian Penal Code and section 302 of the I.P.C. came to be added subsequently. As per the allegation made in the present first information report, there was a fight between the informant family and the petitioner’s side for passage or Gali adjacent between the two houses. Submission of the counsel is that present case came to be filed as a retaliatory action of the earlier first information report which was instituted as Suryapura P.S. case no. 38 of 2009. Even as per the allegation made in the first information report the assault on Lalan Thakur which was a single blow on the head is not attributed to the present petitioners and therefore, in a free fight the petitioners should be given benefit of doubt. Taking into consideration the totality of the dispute, the allegation made in the first information report and the material contained in annexure-2, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Bikramganj, Rohtas in the above noted case. Both the sureties will be executed by close relatives of the petitioners. The - 2 - petitioners shall cooperate in the trial by appearing on each and every date fixed in the case either by themselves or through their counsel. (Ajay Kumar Tripathi, J) M.Rahman