IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6897 of 2011 BINOD YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.7712 of 2011 SURYA NARAYAN YADAV Versus THE STATE OF BIHAR ----------- 02 05.04.2011 Both the above stated petitions arise out of Madhepura P.S. Case No. 477 of 2010 initially, registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and subsequently, Section 302 of the Indian Penal Code was also added and, accordingly, both the above stated petitions are being disposed of by this common order. Petitioners are named in the first information report and it is stated that petitioner in Cr. Misc. No. 6897 of 2011 ordered the other accused to assault the informant and others. Thereafter, the deceased as well as other injured persons were mercilessly assaulted by the F.I.R. named accused persons. So far as petitioner in Cr. Misc. No. 7712 of 2011 is concerned, no specific overt act has been attributed against him. Learned counsel appearing in Cr. Misc. No. 6897 of 2011 submits that it has specifically been mentioned in the first information report that only four persons were carrying arms in their hands at the time of alleged occurrence and so far as petitioner in Cr. Misc. No. 6897 of 2011 is concerned, as per first information report itself, he was not carrying any arm in his hand at the relevant time. It is also pointed out by him that as per post-mortem report, only one injury was found on the person of the deceased and so far as the rest injured are concerned, they have received simple injuries. It is further contended by him that there was land dispute between the parties and, as a matter of fact, on the alleged date of occurrence, it was prosecution party who attacked on the petitioners and others for which another case i.e. Madhepura P.S. Case No. 476 of 2010 was registered against the members of the prosecution party. Although, learned Additional Public Prosecutor opposed the prayer but considering the above stated facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with above stated Madhepura P.S. Case No. 477 of 2010. Shahzad (Hemant Kumar Srivastava, J )