IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25747 of 2009 1. BRIJ KISHORE PRASAD, son of Ram Nath Prasad @ Bade Prasad 2. Rajesh Prasad @ Nanha Ki, son of Bade Prasad @ Ram Nath Prasad Both 1 and 2 are residents of village-Chainpur, P.S.-Siswan, District-Siwan----- -----------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 20.8.2009 Learned counsel for the petitioners submits that petitioner no.2 has been arrested and as such, this application as against him has become infructuous. Accordingly, this application is dismissed as infructuous as against petitioner no.2. Heard learned counsel for the petitioner and the State. Allegation is about causing assault to informant’s family members though, according to the learned counsel for the petitioner, one of the injuries is grievous on head but lathi and danda were used without specifying any one and for the incident on the same day earlier a case was lodged by villagers against the family members of the informant. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner no.1 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Siswan ( Chainpur O.P.) P.S. case no.16 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )