IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27217 of 2009 1. MAHENDRA MANDAL 2. Chandan mandal 3. Durga Mandal @ Durga Nand Mandal Versus THE STATE OF BIHAR ------ 2/ 02.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. In the instant case informant is assaulted by accused persons in which petitioner no.1 tried to fire and for petitioner no.3, it is said that he assaulted the informant by means of rod fracturing his hand and leg. If that is taken into consideration then also it cannot be a case of attempt to kill for the purpose of bail. While the informant has been alleged by filing another case that he entered the house of one Dev Sunder Devi, his act to have relation with her like earlier was opposed by her, on her cry nearby people gathered and assaulted him. Though fersa injury is also alleged but not against the petitioners. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Ghoghardiha P.S. Case No. 49 of 2009 corresponding to G.R. No. 565 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Jhanjharpur, Dist. Madhubani subject to the 2 conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)