IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3303 of 2009 1. RAM CHANDRA PRASAD KUSHWAHA, SON OF LATE SUKHI PRASAD KUSHWAHA 2. SANJAY KUMAR KUSHWAHA @ SANJAY MAHTO @ SANJAY PD. KUSHWAHA, SON OF RAM CHANDRA PRASAD KUSHWAHA------PETITIONERS. Versus STATE OF BIHAR-----------------OPPOSITE PARTY ----------- 02. 26.03.2009. Heard learned counsel for the petitioner and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Penal Code. It is submitted on their behalf that there is omnibus allegation of assault against both the petitioners. It is also submitted that the allegation is considered in the light of the injury report, Annexure-3 series then this court will come to a conclusion that offence under Section 307 I.P.C. is not made out. I am not in a position to record any such finding. Let the petitioners surrender in the court below within a period of four weeks from today and apply for regular bail, which should be considered in accordance with law taking into account the allegations set out in the First Information Report, Annexure-2 and the finding of the doctor regarding nature of injuries, Annexure-3 series preferably on the same day. This application is, accordingly, disposed of. Let this order be communicated to the court below(C.J.M., Madhubani in connection with Basopatti(Arer) P.S. Case No. 138 of 2008) through fax on payment of usual charges by the petitioners. Rajesh/ (V.N.Sinha, J) - 2 -