IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41218 of 2009 1. RABINDRA RAI, son of late Parmeshwari Rai 2. Basant Rai, son of Pancha Rai Both are residents of vill.-Ramchandra Dih, P.S.-Chakai, Distt.-Jamui,-------- ---------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 10.12.2009 Heard learned counsel for the petitioners and the State. For the occurrence of the same day there is case and counter case in between the parties who were quarrelling for having right to passage or not. So to make the allegation serious an ornamental allegation of theft with attempt to kill is made while all the injuries are simple in nature and none of them on head or the vital parts of the body even then petitioners are apprehending their arrest which can never be justified. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the 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 the Chief Judicial Magistrate, Jamui, in connection with Chakai P.S. case no.63 of 2009 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh,J )