IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36667 of 2008 1. ARUN SINGH S/o- Yadubansh Singh 2. Bhulu Singh @ Om Kumar Singh S/o- Arun Singh Both resident of village – Lakh Dihra P.S.- Obra, District - Aurangabad Versus THE STATE OF BIHAR ----------- 2. 21.10.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under Sections 307, 379, 341, 323, 324/34 of the Indian Penal Code. The allegation against the petitioners is to the effect that on the orders of petitioner no.1, petitioner no.2 and another co-accused namely, Puchhu Singh assaulted the informant. The specific allegation is that petitioner no.2 assaulted with Farsa with intention to kill the informant. However, the informant tried to save himself but due to the above assault, he sustained injuries on his left elbow and near the left ear. Learned counsel for the petitioners submits that on perusal of the injury report as contained in annexure-3, it would appear that injuries are simple in nature caused by hard and blunt substance, as such, allegation against the petitioner no. 2 becomes doubtful. It is further submitted that the allegation of taking away - 2 - a sum of Rs. 2,000/- from the possession of the informant is an afterthought and mainly allegedly in order to make the offences serious and non-bailable. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 52 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)