IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20928 of 2009 1. RAJU THAKUR 2. MANTU THAKUR 3. RADHESHYAM THAKUR 4. LAXAMAN THAKUR 5. KAMTA THAKUR ------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 24.7.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that there is a case and counter case between the parties for the incident of the same day. Allegation of theft is super-addition, a single act that also of the co-accused of firing which injured the informant is there to justify the offence under section 307 IPC but its liability cannot be shifted upon petitioners who used fist and kick even were armed with lethal weapons also. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of communication of this order, the 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 - 2 - amount each to the satisfaction of Sub- divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram, in Dinara PS Case no. 223 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI