IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43132 of 2009 1. SITA RAM MUKHIYA, S/o Late Dukha Mukhiya. 2. Bhaklu Mukhiya, S/o Ajodhi Mukhiya. 3. Sri Prasad Mukhiya, S/o Thakai Mukhiya. 4. Anand Mukhiya @ Anandi Mukhiya. Versus THE STATE OF BIHAR ----------- 02. 15.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 323, 307 and 380 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that on spur of the moment the occurrence took place after the altercation escalated to a free fight between the parties in which several persons sustained injuries and the submission is that in the facts of the case no offence under Section 307 of the Indian Penal Code is made out, let the petitioners above named who are in custody since 26.08.2009 and have no criminal antecedent be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur, District- - 2 - Supaul in connection with Karjain P.S. Case No. 7 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)