IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13483 of 2009 1. MANOJ KUMAR SINGH 2. Ajit Kumar Mahto Versus The STATE OF BIHAR ------ 2/ 24.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. In the case, petitioner no.1 is alleged for causing assault by means of fersa, while petitioner no.2 by means of iron rod. I find some fault committed by the Police as well as non-application of judicial mind by the Additional Sessions Judge as in the case petitioner no.1 gave fersa blow and one Lal Babu Singh was in possession of rifle intention of all were to kill. Even butt of the rifle was used by the co-accused and simple injuries appeared on the person of the victim that also caused by hard and blunt substances even then petitioners are apprehending their arrest. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Bibhutipur P.S. Case No. 43 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Rosera under Samastipur district, subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)