IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12092 of 2009 1. RUP NARAYAN SINGH 2. DILIP SINGH ----- Petitioners Versus STATE OF BIHAR ----------- 2 22.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that the assault of simple nature has been caused that also by means of lathi and rod making no offence under section 327 IPC which only is non-bailable. If allegation is taken into consideration, in my view also petitioners’ arrest at the moment cannot be justified. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Khizersarai P.S.Case No.123 of 2008, the above named two 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 Chief Judicial Magistrate, Gaya, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI