IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27715 of 2009 1. MD.MANOUR KHAN @ MD.MANSUR KHAN 2. MD.ESTEKHAR KHAN ------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 11.9.2009 Heard learned counsel for the petitioners and the State. Without disputing the position if assault was caused by petitioners or not that is caused by means of lathi on head also which never can be taken as refusal of anticipatory bail and another non- bailable offence under section 379 IPC is super-addition due to enmity. Having regard to the facts and circumstances, the above named petitioners shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Indrajeet Singh, Judicial Magistrate, 1st Class, Saharsa in Complaint Case No. 1700/2007, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI