IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38574 of 2010 1. PUSHPA DEVI 2. Jaldhar Yadav @ Jaladhar Prasad Versus THE STATE OF BIHAR ------ 2/ 25.11.2010 Heard learned counsel for the petitioners and learned counsel for the State. There is case and counter case in between the parties. Theft is said ornamental. Petitioner no. 2 is not assailant of the deceased. Firing in air by him is said leveled to make the allegation more serious. No doubt, petitioner no.1 is one of the three assailants of the deceased specifically alleged for causing assault by means of rod. Considering the facts and circumstances of the case, prayer of the petitioner no. 2 is allowed and at the same time, prayer of the petitioner no.1 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 Naya Ram Nagar P.S. Case No. 85 of 2010 above named petitioner no. 2 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Munger subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)