IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9074 of 2009 1. BUDHAN YADAV, S/o late Triveni Yadav 2. Sohan Yadav 3. Dilip Kumar @ Raj Kumar @ Langra Both S/o Budhan Yadav. Versus The STATE OF BIHAR ----- 2/ 13.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that allegation is leveled for causing assault by means of lathi, though on the head also but only for the differences of flowing of drainage water. It can hardly be a case of simple assault which was opined by the Police also while investigating the incident and accordingly, petitioners were allowed on bail but without any other material, cognizance has been taken for the offence under Section 307 I.P.C. and petitioners are apprehending their arrest. Material on the record, in my view, is not sufficient for a fresh bail. Petitioners are order to continue on bail so granted to them by the Police that can be only justified at the time of framing of the charge. Accordingly, the application is allowed. In the event of arrest or surrender within one month from today in connection with Karpi (Bansi O.P.) P.S. Case No. 36 of 2007, 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 C.J.M., Jehanabad subject to the conditions as laid down under Section 2 438(2) of Cr. P.C. shail (Mandhata Singh, J.)