IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3806 of 2009 1. MURALI BIND, S/O- RAM KAWAL BIND, R/O- VILLAGE DHONDHI, POLICE STATION, SONHAN, DISTRICT KAIMUR ( BHANUA) 2. AKHILESH TIWARY, S/O- LATE BISHWANATH TIWARY, R/O- VILLAGE SAMARDHIHA, POLICE STATION KARAHGAR, DISTRICT - ROHTAS Versus STATE OF BIHAR ----------- 2. 27.03.2009 Mr. Nagendra Dubey learned counsel for the petitioner submits that during the pendency of this application petitioner no1, Murali Bind has been arrested. Accordingly, the application against petitioner no.1 has become infructuous. Heard the parties. The offence alleged is under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code It is submitted that the allegation against the petitioner no. 2, Akhilesh Tiwary is of assaulting by lathi to the son of the informant. On the other hand, one co- accused namely, Harendra Tiwary assaulted the son of the informant by Lohbhanda, which resulted into the injury on head. However, both the injuries are simple in nature. Considering 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 - 2 - of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 377 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)