IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34953 of 2009 1. Md. Asif @ Chengo. 2. Md. Jilani. Both sons of Late Israil @ Dhorai. 3. Md. Israil @ Kailu, son of Late Munsi. All residents of Village- Jogiya, P.S. Alauli, District- Khagaria........................Petitioners. Versus THE STATE OF BIHAR......................................Opposite Party. . ----------- 03. 16.12.2009. Heard learned counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the informant and the learned counsel appearing on behalf of the State. The petitioners, Md. Asif @ Chengo, Md. Jilani and Md. Israil @ Kailu are accused in Alauli P.S. Case No. 49 of 2009 for offence punishable under Sections 147, 148,149, 452, 324, 326, 307, 379 and 504 of the Indian Penal Code. The substance of allegation as set out in the First Information Report as against these petitioners is that whereas the petitioner no.1 has been alleged to have injured the right eye of the informant, the petitioner no.3 has been alleged to cause injury to the eye of the sister of the informant and the petitioner no.2 has been attributed the role of order giver. Learned counsel appearing on behalf of the petitioners submits that these petitioners were on police bail all along and have surrendered upon submission of the charge sheet. Learned counsel submits that the charge sheet has been submitted under Sections 341, 323, 324, 325, 354, 504/34 of the Indian Penal Code and except Section 324 all other sections are 2 bailable. Learned counsel submits that even the allegation taken on its face value does not indicate that there was any attempt on the part of the petitioners to cause death of the injured. Learned counsel submits that whereas the petitioner no.3 has voluntarily surrendered on 31.08.2009, the other petitioners are in custody since 23.08.2009. Learned counsel appearing on behalf of the informant opposes the bail and submits that there was every attempt on the part of the petitioners to cause grievous injury on the body of the informant and his family members and which is apparent from the statement of allegations as set out in the First Information Report. Learned counsel appearing on behalf of the State opposes the bail application on the basis of the allegations set out in the First Information Report. Having regard to the submissions set forth, let the petitioners, Md. Asif @ Chengo, Md. Jilani and Md. Israil @ Kailu be released on bail upon each one of them individually furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Khagaria in connection with Alauli P.S. Case No. 49 of 2009. U.K. (Jyoti Saran,J)