IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36459 of 2008 1. SURENDRA RAI 2. Kabindra Rai @ Kavindra Rai 3. Birendra Rai @ Virendra Rai All sons of Moti Rai resident of Hussepur Mabuabi P.S.- Sahebganj, District – Muzaffarpur. 4.Chandeshwar Rai S/o- Late Jagdeo Rai resident of Hussepur Mabuabi, P.S., Sahebganj, District - Muzaffarpur Versus STATE OF BIHAR ----------- 2. 23.10.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under Sections 447, 323, 324 and 307/34 of the Indian Penal Code. There is specific allegation against petitioner no.1 and petitioner no.4 who assaulted the informant on the head with AKARI and the other petitioners were also accompanying him. Learned counsel for the State, opposes the prayer for bail and submits that there is specific allegation of assault against petitioner no. 1 and petitioner no. 4 which is supported by the injury report as contained in annexure-4. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender - 2 - within a period of four weeks from today, the petitioner, namely, Kabindra Rai @ Kavindra Rai and Birendra Rai @ Virendra Rai be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Muzaffarpur west in connection with Deoria P.S. Case No. 15 of 2007 corresponding to G.R. No. 607 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. However, considering the nature of allegation, I am not inclined to grant bail to petitioner no.1, Surendra Rai and petitioner no. 4, Chandeshwar Rai . Accordingly, the application on their behalf is rejected. Jagdish/- (Shailesh Kumar Sinha,J)