IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31211 of 2010 1. MD. AZAM 2. Md. Azmat Alam 3. Md. Asif 4. Md. Zamir Haidar @ Zamir Haidar Versus The STATE OF BIHAR ------ 2/ 08.10.2010 Heard learned counsel for the petitioner, learned counsel for the State and Mr. Saroj Kumar Sharma, learned counsel for the Informant. Land dispute is there in between the parties. There is case and counter case for the occurrence of the same day. Injuries caused by all the petitioners, except petitioner no. 4 by hard and blunt substances, are found simple in nature even petitioner no.2 was armed with pistol but used its butt only. No doubt, petitioner no.4 is alleged for causing assault by means of Kulhari that is found grievous on head opined by the Doctor. Considering the facts and circumstances of the case, the prayer of the petitioners no. 1, 2 and 3 is allowed and at the same time, prayer of the petitioner no.4 is rejected. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Bakhari P.S. Case No. 38 of 2010 above named petitioners shall 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 C.J.M., Begusarai subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, petitioner no. 4 is directed to surrender before 2 the Court below and pray for regular bail which shall be decided on its own merit without being prejudiced by this rejection order taking into consideration his age which is said 75 years. shail (Mandhata Singh, J.)