IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10571 of 2009 1. MAHENDRA MANDAL 2. DINESH MANDAL 3. PAPPU MANDAL, ALL SONS OF MITA RAM MANDAL 4. JALESHWAR MANDAL, SON OF LUTAN MANDAL 5. BAHADUR MANDAL, SON OF LATE BALDEO MANDAL 6. MITA RAM MANDAL, SON OF LATE DAROGI MANDAL ALL R/V PARGHARI, P.S. SABOUR, DISTRICT BHAGALPUR -------PETITIONERS. Versus THE STATE OF BIHAR------OPP. PARTY. ----------- 02. 19.05.2009. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Penal Code. They are named in the First Information Report. Petitioner nos. 1, 2 and 3 are the sons of petitioner no.6. It is submitted on behalf of the petitioners that on account of land dispute between the informant and the sons of Late Arjun Mandal a dispute arose, in which petitioners arbitrated the dispute and as a result thereof have been implicated in the instant case. It is also submitted that petitioner no.6 is about 80 years of age and is infirm and the allegations set out against him and others does not appear to be true in the light of the injury report, Annexure-4. Perusal whereof indicates that the injury report, Annexure-4 is not the final report and the opinion about the nature of the injury has been reserved. In the circumstances, I deem it expedient to direct the petitioners to surrender in the court below within four weeks from today and apply for regular bail, which should be considered in the light of the final injury report submitted by the Medical Officer. In the - 2 - event, injuries found on the persons of the injured is simple then the above named petitioners 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 C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 277 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. In case injuries are not found simple then appropriate orders in accordance with law be passed. While considering the bail plea of petitioner no.6, the court below will consider his physical status and if he is found ill and infirm then he be admitted to such privilege, even if injuries found on the persons of the injured in the final injury report is serious. Until such confirmation, no coercive steps be taken against the petitioners. Let a copy of this order be communicated to the court below through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha, J.)