IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39186 of 2008 1. RAM NANDAN YADAV 2. JAI YADAV 3. BIJENDRA YADAV @ BIJENDRA KUMAR 4. BABLU YADAV 5. SATYANAND YADAV ……. PETITIONERS Versus THE STATE OF BIHAR ……. OPP. PARTY For the petitioners : - Sri Dhirendra Kumar Sinha, Advocate For the Informant : - Sri Gajanan Arun, Advocate For the State : - Sri D. Mehta, APP ----------- 16.10.2008 Heard Sri Dhirendra Kumar Sinha, Advocate for the five petitioners, Sri Gajanan Arun, Advocate for the informant and Sri D. Mehta, Additional Public Prosecutor for the State. The case is under Section 307 etc. of the IPC and there is a counter version as well as may appear from Annexure-3. There is no definite motive alleged in the FIR except that there was a case pending between the parties and the accused persons of the case were aggrieved on that account. As regards the specific allegation of assault, petitioner Ram Nandan Yadav does not bear any weapon, whereas petitioner Jai Yadav is alleged to have dealt a blow with the butt of the revolver on the head of the injured Mithilesh Yadav. Petitioners Bijendra Yadav @ Bijendra Kumar and Bablu Yadav are said to have dealt similar blows like petitioner no. 2 Jai Yadav on the informant and others. As regards petitioner Satyanand Yadav, he is said to have dealt blows with the butt of revolver on the - 2 - back and left arm of Vivekanand Yadav. The learned Judge has referred to quite a good number of paragraphs to say that injury reports were there, but what were the injuries, what was the nature of those injuries and what was the weapon causing them have not been discussed by the learned Judge. If one could go through the rejection order one could simply infer that the learned Judge had very much made up his mind as to what type of order was to be passed on the prayer for bail of the petitioners. Regard being had to the facts of the case, lack of material as discussed by the learned Judge and the contention that the injuries were simple, let petitioners Ram Nandan Yadav, Jai Yadav, Bijendra Yadav @ Bijendra Kumar, Bablu Yadav and Satyanand Yadav be released from custody on furnishing a bond of Rs.3,000/- (three thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Jehanabad in connection with Sessions Trial No. 326 of 2008 arising out of Pali P.S. Case No. 15 of 2008. DKS/ (Dharnidhar Jha, J)