IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37437 of 2011 1.Ramashankar Ojha son of Raghu Veer Ojha 2.Sidhnath Ojha son of Raghu Veer Ojha 3.Rishikesh Ojha son of Ramnath Ojha 4. Birendra Kumar Ojha @ Birendra Ojha son of Raghu Veer Ojha 5.Uttam Ojha son of Birendra Ojha 6.Tandan Ojha @ Tantan Ojha son of Ramnath Ojha All residents of village-Kharhatand, P.S.- Simari, District- Buxar. Versus The State of Bihar ----------- 2. 14.11.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 147, 148, 149, 307, 324, 504, 379, 447 and 325 of the Indian Penal Code. It is submitted that there is no specific allegation of assault as against petitioners nos.1, 2, 3, 5 and 6 namely, Ramashankar Ojha, Sidhnath Ojha, Rishikesh Ojha, Uttam Ojha and Tandan Ojha @Tantan Ojha respectivle. They are simply said to be the member of unlawful assembly. The specific allegation of assault upon the informant is against co-accused Harendra Ojha, who is not petitioner in this case. So far as petitioner no.4 namely, Birendra Kumar Ojha @ Birnedra Ojha is concerned, it is stated that there is allegation of assault upon Prithvi Ojha by Birendra Ojha (petitioner no.4) and Ramnath Ojha. Referring to the injury report of Prithvi Ojha which is annexed as annexure-3 to this petition, it is submitted that he received three injuries out of which injury nos. 2 and 3 are said to be simple in nature. So far as injury no.1 is concerned, 2 opinion has been kept reserved. Injury no.1 is swelling at the right wrist which is a non-vital part of the body. There is a case and counter case. The petitioners are agnates of the members of the prosecution party. Taking into consideration the aforesaid submissions, facts and circumstances of the case let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Simari P.S.Case No. 85 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)