IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41428 of 2009 1. Premchand Mahto 2. Shri Lal Mahto Both Sons Ram Narayan Mahto Petitioners Versus STATE OF BIHAR Opp. Party ----------- 02 01.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 323,307,302/34 of the Indian Penal Code. Taking into consideration the submission and that on facts of the case that it would not be a case under section 302 IPC since occurrence took place in the midst of an altercation between father and son of and the assault was with guava stick , let the petitioners who are in custody since 7.7.2009 be released on bail on furnishing bail bond of Rs 5,000-/ (Five thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Rosera, Samastipur in Bibhutipur P.S. Case no. 10 of 2009 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. shahid (Anjana Prakash, J)