IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5870 of 2010 Sudhir Kumar, S/o late Bhikhari Mahto, Resident of Village Karpi, P.S. Khizarasarai, District Gaya. -------- Petitioner Versus State of Bihar ------- Opp. Party With Cr.Misc. No.17099 of 2010 Nabin Kumar, son of late Bhikhari Mahto, Resident of Village Karpi, Police Station Khizar Sarai, District Gaya. ------- Petitioner Versus State of Bihar ------- Opp. Party ----------- 7 12.10.2010 Having heard learned counsel for the petitioners and counsel for the State as also taking into account that the 164 Cr.P.C. statement of the informant has confined the allegation against the petitioner to only physical subjugation and assault by them by brick and the allegation of actual assault by knife has been ascribed on Sanjay Kumar, who has already been released on bail by order dated 28.4.2010 in Cr. Misc. No. 13092 of 2010 and that the injury report on the person of the informant does not show any such prominent mark of assault as alleged against the petitioners and that literally he has only one incised injury caused by the knife which cannot be ascribed now on the petitioners in view of aforesaid statement of the informant under Section 164 Cr.P.C. and that the petitioners also have got no criminal antecedent, this Court would direct for release of the petitioners, namely, Sudhir Kumar (Cr. Misc. No. 5870 of 2010) and Nabin Kumar (Cr. Misc. No. 17099 of 2010) on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the 2 satisfaction of Chief Judicial Magistrate, Gaya in connection with Khizarsarai P.S. Case No. 109 of 2007 (G.R. No. 2006 of 2007), subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioners will remain present in course of trial on each and every day and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) The petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Subject to the aforementioned conditions, the prayer for bail of the petitioners is allowed. Rsh (Mihir Kumar Jha, J.)