IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35618 of 2009 BIRJA YADAV & ANR Versus STATE OF BIHAR ----------- 3/ 04.12.2009 Heard learned counsel for the petitioners and for the State. Petitioner no.2, Binod Yadav @ Vinod Yadav, had been granted bail earlier looking at the allegations made in the F.I.R. against him. So far petitioner no.1, Birja yadav is concerned; the case was deferred for receipt of the case diary. Submission of the learned counsel for the petitioner is that the evidence has come that for a piece and parcel of land there was free fight from the two agnates. Injuries were received on both sides. So far petitioner no.1 is concerned, it is alleged that he also assaulted the victim by lathi. There is a case and counter case. Submission of the learned counsel is that the petitioner has no criminal antecedent and the crime was committed at the spur of moment and he shall not take law in his hand if enlarged on bail. Looking at the totality of the situation in which the present case came to be lodged against petitioner no.1, Let petitioner, namely, Birja Yadav, be enlarged on bail on furnishing bail bond of Rs.10,000/- ( Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad - 2 - (Bihar) in connection with Deo P.S. Case No. 104 of 2009. Both the sureties will be executed by a close relation of the petitioner on due identification of the court. The petitioner will co-operate in the trial. ( Ajay Kumar Tripathi, J ) BTiwary/