IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33122 of 2008 1. DHRUV SAH 2. BALISTER SAH Versus STATE OF BIHAR ----------- 4. 18.12.2008 Heard counsel for the parties. The petitioners have approached this court for bail in a case instituted under sections 302 and 307/34 IPC. Admittedly, both the prosecution and the petitioners are the resident of the same village. As per the FIR, it is alleged that the dispute arose on account of denial of jeep by the accused side. The allegations is that the petitioner thereafter came to the house of the informant and started abusing. It further appears that there was a general allegation against the petitioners to have assaulted the father of the informant who was ailing and aged person. It is further alleged that the petitioners thereafter assaulted the informant with Bhala. Counsel for the petitioners submits that going by the facts appearing from the records, there was absolutely no occasion on the part of the petitioners to be aggressors. He, however, further submits that the injuries sustained by the deceased have been found to be simple caused by hard and blunt substance. As about injury sustained by the informant, it has been submitted that there was one lacerated injury which in the opinion of the doctor was simple in nature. Having regard to the entire conspectus of the matter and the submissions advance on behalf of the petitioner, this Court is inclined - 2 - to grant bail to the petitioners. Let the petitioners abovenamed be released on bail on furnishing bail bond of Rs.10,000/- each, with two sureties of the like amount each, to the satisfaction of CJM, Motihari, East Champaran in Pahrpur p.s.case no.48 of 2008. hr ( Kishore K. Mandal )