IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15539 of 2009 ---- 1. Ram Bilas Saday S/o Late Jeetan Saday. 2. Khushi Lal Saday S/o Late Kallar Saday Both resident of village-Parsa, P.S. Ghoghardiha, District- Madhubani. -- Petitioners Versus The State of Bihar -- Opposite party. ---- 02. 21.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for bail has been filed by the petitioners, who are accused for offences punishable under Sections 147, 148, 149, 323, 341, 342, 448, 307, 379, 504 and 324 of the Indian Penal Code. Learned counsel for the petitioners submits that allegation is that 13 named along with 30 to 40 unnamed persons came at the spot, out of whom three persons, including two petitioners and one Munna Pandey, assaulted the informant and his son by sharp cutting weapon. Learned counsel for the petitioners further submits that the entire allegation is absolutely false and frivolous as there is case and counter case of the alleged occurrence which took place due to the fact that the informant of this case along with others started assaulting a 70 years old lady Asha Devi along with Manju Devi and Lakshuman Saday due to which they were seriously injured and when the villagers, including the petitioners, came to rescue them, they were also falsely implicated in the instant case. Learned counsel for the petitioners also states that from the injury report itself it would be apparent that except one, all the injuries are by hard and - 2 - blunt substance and are simple in nature, whereas the opinion with regard to remaining injuries has been reserved. Learned counsel for the petitioners further contends that the entire allegation is absolutely false and frivolous and the petitioner is in custody since January, 2009 although he has committed no offence due to which a co- accused Munna Pandey with similar allegation has been enlarged on bail on the orders of this court dated 22.04.2009 passed in Cr.Misc. No. 12371 of 2009. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioners, namely 1. Ram Bilash Saday and 2. Khushi Lal Saday, be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Ghoghardiha P.S.Case No.06 of 2009. Sunil (S. N. Hussain, J.)