IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.741 of 2011 1. DASRATH JHA, SON OF NARAYAN JHA. 2. CHANDAN KUMAR JHA, SON OF DASRATH JHA. BOTH RESIDENT OF VILLAGE- MAHISHI, POLICE STATION- MAHISHI, DISTRICT- SAHARSA---------------PETITIONERS Versus THE STATE OF BIHAR. --------------OPPOSITE PARTY 2 04.02.2011 Heard learned counsels for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered under Sections 448, 341, 323, 326, 337, 307 and 34 of the Indian Penal Code. Petitioners alleged to have assaulted the informant’s son and the husband. It is submitted on behalf of the learned counsel for the petitioners that in the alleged occurrence, the petitioners’ side also received injury which has been brought on record as Annuxure-2. The injury of son of the informant has been found to be grievous due to rupture of Tympanic membrane of left ear. It is submitted on behalf of the petitioners that injury report of the son - 2 - of the informant has been issued by the Doctors of the Mahishi, P.H.C, it is difficult to detect the rupture of Tympanic membrane by a Doctor of P.H.C. However, learned counsel for the informant submits that the report has been given by Medical Officer, Mahishi, P.H.C. on the basis of the report of the Sadar hospital. It is also submitted that both sides are agnates and petitioner no. 1 is a teacher in a Government Aided School. Since it is submitted on behalf of the learned counsel for the informant that the petitioner no.1 has criminal antecedent let petitioner no.1 namely Dasrath Jha surrender before learned court below when the learned court below may consider the regular bail application of petitioner no. 1 preferably on the same day keeping in mind that the petitioner is a government servant, there is a case and counter case between the parties, both - 3 - sides being agnates clashed for land dispute and the petitioner’s side had also received injuries. So far as petitioner no.2 is concerned. Considering the fact that both sides are agnates, there is a case and counter case in which the petitioners’ side also received injuries, let petitioner no.2 be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in Connection with Mahishi Police Station Case No. 102 of 2010 on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, under conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra/- (Dinesh kumar Singh, J.)