IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37561 of 2008 1.FAKIR YADAV S/O-Satto Yadav 2.MAHENDRA YADAV S/O-Bhatto Yadav All are R/O-Vill-Bagri, P.S.-Kharik, Distt.-Bhagalpur. …………………………………………..Petitioners. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 30.03.2009 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. The petitioners are accused of the case which has been registered under Section 307 and some other Sections of the Indian Penal Code. Allegation is that the petitioners and others went to the house of the informant and at that time the petitioner Fakir Yadav was armed with axe and the petitioner Mahendra Yadav was with lathi assaulted the informant indiscriminately. Submission is that the case was lodged on account of some confusion. The petitioners and the informant are the neighbours and on account of some petty dispute the altercation has taken place. Later on the parties have filed a petition before the court in which the informant has prayed for withdrawal of the case. No offence under Section 307 of the Indian Penal Code is made out. Considering the facts and circumstances of the - 2 - case, let the above named petitioners be released from custody on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Distt.-Bhagalpur in connection with Naugachia (Kharik) P.S. Case No. 153 of 2005. kksinha/ (Shyam Kishore Sharma, J.)