IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6930 of 2009 1. Mahadev Yadav son of late Asharfi Yadav 2. Mahavir Yadav son of Asharfi Yadav 3. Bhogendra Yadav son of Late Raghunath Yadav 4. Jeevan Yadav son of late Asharfi Yadav, all resident of village Durgauli, P.S. Benipatti, District Madhubani Versus STATE OF BIHAR ----------- 02/ 27.07.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 307, 380 and other allied Sections of the Indian Penal Code and are named in the First Information Report. It is submitted on behalf of the petitioners that there is counter case, namely, Benipatti P.S. Case No. 209 of 2008, which was lodged on 28.6.2009, the following day of the occurrence. The present case, however, has been lodged on 5.7.2008. It is further submitted that the injuries suffered by the informant of Benipatti P.S. Case No. 209 of 2008 are simple in nature and appreciating the injuries suffered in the counter case to be simple in nature, the prosecution party of the present case have been allowed the privilege of bail in the event of arrest by another Bench of this Court under orders dated 17.4.2009, passed in Cr. Misc. No. 11362 of 2009, Annexure-4. So far petitioners are concerned, they should also be allowed the same privilege, as in their case also the injuries suffered by the 2 informant of the present case are simple in nature. Let the petitioners above named surrender in the court below within four weeks from today and the court below should verify whether the injuries suffered by Urmila Devi, the informant of the present case are simple in nature and if that be so, then they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani in connection with Benipatti P.S. Case No. 217 of 2008/ G.R. No. 1957 of 2008, subject to the conditions, as laid down under Section 438(2) Cr. P.C. and until such verification, no coercive steps be taken against them. Arjun/ ( V.N. Sinha, J.)