IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28545 of 2009 1. JAI PRAKASH KOIERY, son of Mukhdeo Koiery 2. Jogi Koiery, son of Sheo Lochan Koiery 3. Arun Koiery, son of Narayan Koiery 4. Nathuni Koiery, son of Damari Koiery 5. Parsuram Koiery, son of late Charbharan Koiery 6. Bahadur Kushwaha, son of Gauri Kushwaha All are residents of village-Damodarpur, P.S.-Bhabua, District- Kaimur(Bhabua)------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 17.9.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that enmity was there in between the parties in a case, which is pending, filed on behalf of the accused persons against the informant party earlier. To defend and make pressure this case with super-added allegation of theft after entering the house is made which never can justify petitioner’s arrest at the moment. I agree with the submission. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur (Bhabua), in connection with Bhabua P.S. case no.103 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )