IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23330 of 2010 Hari Charan Mahto, son of Ram Kishun Mahto, resident of Village Haripur, Police Station Teghra, District Begusarai………………..Petitioner Versus The State Of Bihar…………………….Opposite Party ----------- 3. 12.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Case is under Section 302 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is of having assaulted the deceased on the head by spade. Case diary was called for and after going through the case diary, learned counsel for the State submits that from the facts, as emerged from the case diary, it appears that there was free fight between the parties on account of dispute with regard to irrigation of the land between the deceased and his family members on the one side and petitioner on the other who are own brothers and in that free fight, petitioner also received injuries and for which petitioner had already instituted a case. It is stated by learned counsel for the petitioner that petitioner is of 70 years of age and is in custody since 16.03.2010. 2 Considering the above facts and specially considering the nature of the case, as emerging from the case diary, as pointed out by learned counsel for the State, this application is allowed. Let petitioner (Hari Charan Mahto) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No.47 of 2010 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)