IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9803 of 2009 1. Satendra Rai@ Satendra Yadav 2. Jitendra Rai @ Rajesh @ Jitendra Yadav, both sons of Asha Rai, residents of village Patkhauliya, P.S. Dumariya Ghat, District East Champaran 3. Vishwanath Singh, son of Ugam Singh 4. Guddu Singh, son of Ugam Singh 5. Santosh Kumar, son of Vishwanath Singh 6. Mantosh Kumar son of Vishwanath Singh, All residents of village Rampurwa, P.S. Dumariya Ghat, district East Champaran Versus STATE OF BIHAR ----------- 04/ 07.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Indian Penal Code. They are named in the First Information Report and petitioner no.4, Guddu Singh is alleged to have given farsa blow to the informant and petitioner no.1, Satendra Rai @ Satendra Yadav is alleged to have hit the informant with brick on his chest. Counsel for the petitioners submits that the occurrence is true but the prosecution party of the instant case was the aggressor and such story has already been recorded by the police as Dumariya Ghat P.S. Case No. 53 of 2008 dated 4.8.2008. Let the petitioners above named surrender in the court below within four weeks from today and thereafter petitioner nos. 2,3,5 and 6, namely, Jitendra Rai @ Rajesh @ 2 Jitendra Yadav, Vishwanath Singh, Santosh Kumar and Mantosh Kumar be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No. 54 of 2008( G.R. No. 1767 of 2008), subject to the conditions as laid down under Section 438(2) Cr.P.C. So far petitioner nos. 1 and 4, namely, Satendra Rai @ Satendra Yadav and Guddu Singh are concerned, their prayer for bail be considered in the light of the injury report of the informant and if the injury does not corroborate the allegation as set out in the First Information Report, then appropriate orders in accordance with law be passed. Arjun/ ( V.N. Sinha, J.)