IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51833 of 2008 EHSAN AHMAD, S/o- Late Abdul Hakim, resident of Mohalla- Iqbal Nagar, P.S.- Kotwali, District- Gaya :--- Petitioner. Versus STATE OF BIHAR:---Opposite Party -with- Cr.Misc. No.782 of 2009 1. ZAKI HAIDAR KHAN @ ZAKI HAIDAR, Son of late Gani Haidar Khan. 2. Md. Mustaquim @ Mustaquim, Son of late Jainul Abdin. 3. Reyaz Ahmad @ Reyaz, Son of Abdul Jabar Khan, All resident of Village- Eqbal Nagar, P.S.- Kotwali, District- Gaya :--- Petitioners. Versus STATE OF BIHAR:----Opposite Party ----------- 03. 08.05.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offences under Sections 147,341,323,324 and 504 of the Penal Code and are named in the First Information Report. The police having investigated the case also submitted charge-sheet under bailable Sections. The court below, however, differing with the police report took cognizance of the offence under Section 307 I.P.C. as well. Counsel for the Opposite party at this juncture brings to my notice that the injuries suffered by the victim was grievous in nature and was inflicted on his head and appreciating such fact the learned Magistrate has taken cognizance of the offence under Section 307 of the Penal Code. Having heard counsel for the parties I am of the view that as the case was instituted for bailable offences charge- - 2 - sheet has also been submitted for bailable offences but differing therewith the learned Magistrate has taken cognizance of the offence under Section 307 of the Penal Code. In the circumstances, petitioners, namely, Ehsan Ahmad (In Cr. Misc. No. 51833 of 2008), Zaki Haidar Khan @ Zaki Haidar, Md. Mustaquim @ Mustaquim and Reyaz Ahmad @ Reyaz are directed to surrender in the court below within a period of four weeks from today and in the event of their so surrendering they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya /Shri Anil Kumar Sinha, J.M., 1st Class, Gaya in connection with Kotwali P.S.Case No. 149 of 2008, G.R.No. 1837 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. P.K.P. (V.N.Sinha, J.)