IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35255 of 2011 1. Prabhakar Sah @ Prabhakar Kumar Gupta 2. Diwakar sah @ Diwakar Kumar Gupta, both sons of Janak Lal Sah, resident of village – Ramkola Tola (Taraiya), P.S. – Taraiya, District – Saran at Chapra. --------- Petitioners. Versus The State Of Bihar -----Opposite Party ****** For the petitioners : Mr. Jitendra Kr. Singh, Sr. Adv Mr. Tej Pratap Singh,Adv. For the Informant : Mr. Kapil Deo Singh, Adv. For the State : Mr. Uma Shankar Pd. Singh, APP ***** 03. 18.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners. The petitioners, apprehending their arrest in connection with Taraiya P.S. Case No. 13/2011 for offences under Sections 147/148/149/323/324/307/379 of the Indian Penal Code and later on 302 of the Indian Penal Code was added, are named accused in this case arising out of a petty dispute after mild collusion between two vehicles, subsequently including petitioners and others also arrived specifically three non-petitioners Raju Sah, Sunil Sah and Bhushi Sah started assaulting Ram Lal Rai @ Gama Rai who died of injuries during treatment. Submission is that there is no allegation against these petitioners assaulting the deceased rather they are attributed with the allegation of inflicting some injuries upon the informant by means of Fatta on non vital parts, the injuries sustained are simple in nature. Further the petitioners have no criminal antecedent. If, it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above- named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in connection with Taraiya P.S. Case No. 13/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)