IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23719 of 2009 MITHILESH MAHTO SON OF BANHU MAHTO, RESIDENT OF VILLAGE TIRBIRWAN, P.S. AND DISTT. GOPALGANJ …. PETITIONER Versus STATE OF BIHAR WITH Cr.Misc. No.30828 of 2009 1. BANHU MAHTO SON OF SUKHDEO MAHTO 2. SATYANARAIN MAHTO SON OF SUKHDEO MAHTO 3. BRAHMANAND MAHTO SON OF RAMASHRAI MAHTO 4. RAMASHRAI MAHTO SON OF SHIV BACHAN MAHTO, ALL RESIDENT OF VILLAGE TIRBIRWAN, P.S. AND DISTT. GOPALGANJ …. PETITIONERS Versus STATE OF BIHAR ----------- 4. 27.10.2009 Heard learned Counsel for the petitioners the State and the informant. The petitioners seek bail in a case instituted for the offence under Sections 302, 307, 323/34 of the Indian Penal Code and ¾ of the Dayan Act. Taking into consideration the fact that during investigation in paragraphs 13 and 14 of the case diary it transpired that there was a verbal assault initially which escalated and led to an assault with lathies in which the deceased intervened and sustained injuries on the head, let the petitioners above named, who are in custody since 10.4.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Gopalganj P.S.case No.63 of 2009 (G.R.No.690 of 2009), subject to the conditions (i) - 2 - that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )