IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7526 of 2009 1. RAJENDRA RAI, son of Chaitu Rai 2. Rajgir Rai, son of Chaitu Rai 3. Vinod Rai, son of Sonelal Rai All residents of village Manika Bishunpur Chand P.S.Mushahari, District- Muzaffarpur---------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 6.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that there is land dispute in between the parties and for the incident on the same day, there is case and counter-case in between the parties. For harvesting of the paddy crops, which they harvested in their own capacity, they have been made accused for the offence under section 379 of the Indian Penal Code also. As about the allegation for the offence under section 307 of the Indian Penal Code, one of the co-accused, namely, Chaitu Rai, who has specifically been alleged for causing farsa blow, has been allowed bail by the court below itself. So, petitioners’ arrest cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Mushahari P.S. case no.95 of 2008, 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 C.J.M., Muzaffarpur, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )