IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23388 of 2009 1.MD.FAYAQUE 2. SALIM 3. MOJAHID 4. MOHAMMAD 5. NURUDDIN --- PETITIONERS. Versus STATE OF BIHAR - OPP.PARTY. ----------- 2 30.07.2009 Heard learned counsels for the petitioners, informant and State. Petitioner, who are five in numbers, have approached this court seeking bail in a case instituted under Sections 147,148,323,324, 307, 341, 379 and 504 of the Penal Code. It is submitted that on account of fixing of make- shift wall (tatti) the present case has been lodged. The prosecution side wanted to fix ‘tatti’ at one place which was protested by the accused persons claiming it to be theirs. It is contended that although five persons including the informant have received injuries in the occurrence, but ,so far as the present five petitioners are concerned, there is no allegation that they assaulted any of them. It is further contended that the injuries sustained by the injureds are simple in nature. It is further pointed out that petitioner no.5 had also lodged a case relating to the same occurrence giving rise to Barsoi P.S. Case no. 59/07. 2 Learned counsel appearing on behalf of the informant while accepting the submissions that there is no direct allegation of assault against these petitioners but states that the manner in which the occurrence had been committed speaks volumes about the common intention of the accused persons who constituted the mob of which the petitioners are members. In the facts and circumstances of the case, petitioners above named, are directed to 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 the Chief Judicial Magistrate, Katihar in connection with Barsoi P.S. Case no. 58 of 2007, subject to the condition that one of the bailors shall be the own/close family member of the petitioners. Sym/ (Kishore K. Mandal, J.)