IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46144 of 2008 1.MD.MURSHID SON OF MD.ISMAILE @ ISLAM 2.MD.GYAS @ GAYA SON OF MD.BHOLA BOTH RESIDENT OF VILLAGE BHALPATTI,HARIPUR,P.S.FORBESGANJ, DISTRICT ARARIA Versus STATE OF BIHAR ----------- 2/ 30.1.2009 Learned counsel for the petitioners is permitted to make necessary correction in the name of petitioner no.2. Heard learned counsel for the parties. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 307,326 and some other Sections of the Indian Penal Code. Allegation is that while the informant was putting the soil on the ridge, he was restrained and abused by the accused persons including the petitioners and when the informant objected, he was assaulted by accused persons with fire arm and traditional weapons. Submission is that there were no intervening circumstances and injury on the person of the informant was not found to be grievous in nature. The informant was examined and only two simple injuries were found and when the informant was asked to bring X-ray, he failed to produce it. So final opinion regarding remaining injuries was not made and same should be deemed to be simple in nature. Considering the facts and circumstances of the case, this application is allowed. The above named both petitioners are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Forbesganj P.S.Case No. 287 of 2007 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)