IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42607 of 2010 1. Md.Chand Khan 2. Md. Sabir Kha, Both sons of Rashid Khan 3. Md. Rakib Khan @ Rakiv Khan, Son of Late Sami Khan All residents of Village- Saniya, Police Station-Ariyari, District- Sheikhpura ------------ Petitioners Versus THE STATE OF BIHAR ----------- 02 18-01-2011 Heard Sri Sajid Salim Khan, learned counsel for the petitioners and Sri Kumar Birendra Narayan, Learned Addl.Public Prosecutor. Three petitioners, who are in custody in Ariyari P.S. Case No.95 of 2010 for the offences under Section 307 and other allied Sections of the Indian Penal Code, have prayed for grant of bail. Accusation against three petitioners, as per the F.I.R. is that all the three petitioners gave ‘Garasa’ blow on the person of Wazir Khan, brother of the informant. Learned counsel for the petitioners submits that initially an F.I.R. was lodged on the written report submitted by petitioner no.3 against the informant side of the present case. It was further submitted that even the injured Wazir Khan was examined by the doctor and the injury report shows that Wazir Khan had sustained only one injury on the eye brow. Learned Addl. Public Prosecutor has vehemently opposed the prayer for bail. It was submitted that it is not a case that Wazir Khan had received only one injury , but had received six 2 injuries. Of course he fairly submitted that only one incised injury was found on the person of the injured. It was also submitted that injured was initially forwarded to Patna Medical College and Hospital and thereafter he has been sent to A.I.I.M.S. for medical treatment. From the F.I.R., it appears the injured was firstly assaulted by the three petitioners and thereafter all other accused persons had assaulted him by means of Lathi. Fact remains that there were case and counter case in between the parties and allegation made in the F.I.R. has not been categorically corroborated during the medical examination of the injured. All the three petitioners are in custody since 08.10.2010. In view of the fact that there were case and counter case as well as period of custody, let three petitioners above named 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 learned Chief Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No.95 of 2010. NKS/- ( Rakesh Kumar, J.)