IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12618 of 2010 1. SINAI MAHTO, son of Late Bachu Mahto 2. Rajender Mahto,son of Senace Mahto 3. Ashok Mahto,son of Baharsi Mahto 4. Janardan Mahto, son of Late Ramdeo Mahto 5. Mukesh Mahto, son of Late Dwarika Mahto All are resident of Village-Mahsara, P.S.-Tandwa, District-Aurangabad(Bihar). .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party with Cr.Misc. No.15297 of 2010 1. SIKESHWAR MAHTO,son of Late Nanhaku Mahto 2. Jitendara Mahto,son of Sikeshwar Mahto 3. Tileshwar Mahto,son of Late Nanhku Mahto 4. Mahendra Mahto,son of Taleshwar Mahto All are resident of Village-Mehsara, P.S.-Tandwa, District Aurangabad(Bihar). .. Petitioners Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioners : Mr. Shailesh Kr.Singh, Advocate For the State : Mr. Parmanand Prasad, Addl. P.P. -------------- 02/ 13-05-2010 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record. Heard the parties. In a criminal prosecution for the offences under Sections 324, 337, 379 and other allied and bailable offences of the Indian Penal Code as also under Sections 3 and 4 of The Prevention of Witch (Daain) Practices Act, 1999, the petitioners in both the cases are named in the FIR as accused. There is general and omnibus allegation of assault against the petitioners by different weapons, as a result of which the informant and his other family members have sustained injuries on their person. Learned counsel for the petitioners submits that, as a 2 matter of fact, the present case vide Annexure-1 is a counter blast of the case lodged from the side of the petitioners by Bindeshwar Mehta vide Annexure-2 and that case was lodged on the same day with respect to offences under Section 307 and some other allied offences of the Penal Code. It is further submitted that both sides have sustained injuries on their person. The injury reports of the injured persons from the side of prosecution have been brought on record as Annexure-4 series, which show that they have received simple injury on their person. The injury reports of the injured persons from the side of the petitioners have also been brought on record vide Annexure- 3 series, from which it appears that one of the injured, namely Basant Mehta had sustained serious injury and was referred to Sadar Hospital, Aurangabad for his treatment. Taking into consideration the aforesaid facts that there are case and counter case from both sides and both sides had sustained injuries on their person, in the event of arrest/surrender within a period of four weeks from today in Tandawa P.S.Case No.75 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)