IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2736 of 2010 1.HARIHAR MAHTO son of late Bhaktu Mahto 2.Naresh Mahto 3. Mithilesh Mahto both sons of Harihar Mahto 4.Raj Kishore Mahto @ Hallkhori Mahto son of late Achhelal Mahto 5.Raju Mahto 6.Sanjay Mahto both sons of Sri Rajkishore Mahto @ Halkhori Mahto 7.Abirchand Mahto son of late Ram Sebak Mahto 8.Maran Mahto son of late parmeshwar Mahto 9.Ram Dhyan Mahto son of late Bhagirath Mahto, 10.Dhaneshwar Mahto son of late Ram Lakhan Mahto 11.Mahfooz Hasan son of Md. Nurul Hasan……….Petitioners. Versus THE STATE OF BIHAR ----------- 2 26.3.2010 Heard Mr. Diwakar Pd. Karn, learned counsel appearing for the petitioners and Mr. Ram Priyasharan Singh, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with complaint case no. C-2387 of 2004 (Trial No. 1547 of 2008) in which cognizance has been taken under sections 147, 307, 323, 448, 504 and 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against all the accused persons that they all came at the Darwaja of the complainant and assaulted him with fists and slaps. He submits that even if the entire prosecution case is accepted for the time being, for argument sake, though not admitted, in that case also no case under section 307 of the Indian Penal Code is made out against the petitioners. Other offences alleged against the petitioners are super addition by the complainant to make the offence serious. - 2 - Learned A.P.P. also do not dispute the aforesaid submission. In that view of the matter, let the above named petitioners in the event of their arrest or surrender in the court blow within four weeks from today , be enlarged on bail on furnishing bail bonds of Rs. 10 ,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Muzaffarpur in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. and subject to the further condition that petitioners shall make regular pairvi in the court below in the present case either by appearing themselves or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail of the petitioners. (Birendra Prasad Verma, J) M.Rahman