IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35513 OF 2009 1. SHAMBHU SINGH @ SHAMBHU SHARAN SINGH, SON OF LATE CHOBA SINGH OF VILLAGE LALPUR, P.S. KHAIRA, DISTRICT JAMUI 2. BHATU RAI, SON OF LATE SHRI RAI 3. DAMODAR MANJHI, SON OF BISPAT MANJHI 4. NIRANJAN TURI, SON OF LATE BOKA TURI 5. FUDU TURI, SON OF LATE MAHABIR TURI, PETITIONER NOS. 2 TO 5 ARE RESIDENTS OF VILLAGE KHALARI, P.S. KHAIRA, DISTRICT JAMUI………………………….PETITIONERS VERSUS THE STATE OF BIHAR………………………..OPPOSITE PARTY ----------- 2. 07.11.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under sections 147, 148, 149, 324, 307 of the Indian Penal Code and section 27 of the Arms Act. The allegation against petitioners is of having assaulted the injured by Bijar (arrow like weapon). The injury report of the concerned injured shows that though there is one incised wound of injury which is simple in nature, the same is not a penetrating wound. From Annexure-4 as well as from statements made in paragraphs 10 and 11 of the petition it appears that under similar circumstances, other accused persons have been allowed bail by this Court. It is submitted by learned counsel for the petitioners that for the same incident on account of land dispute, there is case and counter case and the first information report - 2 - instituted on behalf of the accused persons is Annexure-2. Petitioners are in custody since 7.9.2009 and 13.8. 2009, respectively. Considering the above facts and circumstances, this application is allowed. Let petitioners, namely, Shambhu Singh @ Shambhu Sharan Singh, Bhatu Rai, Damodar Manjhi, Niranjan Turi and Fudu Turi, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Khaira P.S. Case No.66/2004 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. B.T (J.N. Singh, J.)