IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13795 of 2011 SUNDAR SAH Versus THE STATE OF BIHAR with Cr.Misc. No.16316 of 2011 NAGENDRA SAH AND ORS. Versus THE STATE OF BIHAR ----------- 03 01.06.2011 Heard learned counsel for the petitioners, informant and the State. The petitioners are accused in a case registered under Sections 147, 148, 149, 341, 323, 325, 448, 380 and 302/504 of the Indian Penal Code. The allegation is that Gajendra Sah is said to have assaulted the deceased on the head with iron rod. Later the name of the main accused has been shifted and the blame has been placed on the shoulder of Gajendra Sah who is the informant in the counter case arising out of same occurrence. There is allegation against others that they have also assaulted the deceased. The postmortem report in the case indicates that there are six injuries on different parts of the body, which indicates that some of the others had also assaulted the deceased. Learned counsel for the petitioner submits that Surendra was the order giver and there is no allegation that he assaulted the deceased. It is submitted that this Court has already granted bail 2 to similar situated persons vide Criminal Miscellaneous No.24512 of 2010 order dated 10.09.2010, in which Rajendra Sah has been in custody for five months before he was granted bail. I accordingly, directed that petitioners of Criminal Miscellaneous No. 16316 of 2011, namely, Nagendra Sah, Dilip Sah, Om Prakash Sah, Jai Prakash Sah and Ganesh Sah @ Arvind Sah, should be released on bail on completing five months in custody, on furnishing bail bond of Rs. 10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jurawanpur P.S. Case No. 25 of 2010. Considering the aforesaid facts, let the petitioner of Criminal Miscellaneous No. 13795 of 2011, namely, Sundar Sah, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jurawanpur P.S. Case No. 25 of 2010. Safik (Sheema Ali Khan,J.)