IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25261 of 2010 Manoj Rai, son of Gulten Rai, resident of village- Balahiya, P.S.- Ahiyapur, Subdivision and District- Muzaffarpur --- Petitioner. Versus State of Bihar ---- Opp. Party. With Cr.Misc. No.26130 of 2010 1. Mahesh Rai 2. Dinesh Rai, Both sons of Haribansh Rai, resident of village- Jhapaha Tole, Belahiya, P.S.- Ahiyapur, District- Muzaffarpur. ---- Petitioners. Versus State of Bihar ---- Opp. Party. ----------- For the petitioner (in Cr.Misc. No. 25261 of 2010) : M/S Alok Kumar Alok, with Hanslal Kumar and Manmohan Kumar, Advocates. For the State : Mr. Parmanand Prasad, A.P.P. ********* 4/ 27-10-2010 Heard the parties. In a criminal prosecution registered under section 307/34, besides other allied offences under the Indian Penal Code, the petitioners of both cases are named in the F.I.R. as accused. The petitioner Manoj Rai is alleged to have assaulted the informant by iron rod, whereas the petitioners of Cr. Misc. No. 26130 of 2010, Mahesh Rai and Dinesh Rai, are alleged to have assaulted one Pandey Kumar Rai, son of the informant. It is submitted that even according to the prosecution version, offence under section 307 of the Indian Penal Code is not attracted against the petitioners as there was no intervening circumstances, which could 2 have prevented the petitioners and other accused persons from committing the offence of murder. It is further submitted that though the informant and his son have sustained injuries on their persons but most of the injuries have been opined to be simple in nature and some other injuries are on non-vital part of the body. It is also submitted that both sides are having land dispute from before and for that reason they have been roped in the present case. The petitioner, Manoj Rai, is said to be in judicial custody since 02.04.2010, whereas petitioners Mahesh Rai and Dinesh Rai are said to be in judicial custody since 05.05.2010. Taking into consideration the entire facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 135 of 2010. BTiwary/ ( Birendra Prasad Verma, J.)