IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19770 of 2009 1. MD.ASFAQUE 2. Md. Ahsan 3. Md. Amjad 4. Md. Abrar Alam 5. Md. Hasim 6. Md. Tanbir @ Md. Taubir Alam 7. Md. Jasim Versus The STATE OF BIHAR ------ 2/ 14.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. After intercepting informant’s vehicle, rod and lathi were used on the vehicle as well as on occupants of the vehicle including butt of a country made pistol fracturing hand of one of the victims namely, Md. Raish. In such case, submission of the learned counsel for the petitioner is that one member of both the parties were contesting for Mukhiya’s election. In that continuation, alleged occurrence occurred in which there is every probability of exaggeration or false implication. According to the learned counsel fire arms was there, rather after perusal, I find that fersa was also there but only lathi and rod are used including butt of the fire arms. No doubt, one of the injuries is fractured but caused by hard and blunt substances and part of the body is arm and section 325 is made applicable also. Allegation of theft appears super addition and counter case is also there. So, I find it not a fit case on which petitioners’ arrest can be justified. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month 2 from the date of receipt/production of a copy of this order in connection with Forbesganj P.S. Case No. 36 of 2009 (G.R. No. 209 of 2009), 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 C.J.M., Araria subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)