IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.126 of 2010 1. SANJAY SUMAN son of Shri Shiv Shankar Mahton, Resident of vill.- Sokauli, P.S.-Cheriya Bariyarpur, Distt.-Begusarai 2. Manoj Kumar @ Manoj Kumar Gupta son of Ram Sagar Shah, resident of vill.-Rampur, P.S.-Sakrouli, District-Begusarai-----------Petitioners. Versus STATE OF BIHAR -------------- 3. 7.4.2010 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that a sanha was given earlier to this F.I.R. regarding differences with Paswan and Puspak Mahto but police did not take any action rather this F.I.R. was lodged making allegation against this petitioner and others including Puspak Mahto that they had surrounded him in the evening of the fateful night but that was hearsay evidence and that is not supported in course of investigation but witnesses appeared with definite story to state differences in between Puspak Mahto and the deceased rather watching assault by Puspak Mahto. So, according to the learned counsel for the petitioners, if the allegation of surrounding the deceased by these petitioners is also accepted then also the main assailant is shown Puspak Mahto along with enmity. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of 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 amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Cheriya Bariarpur P.S. case no.14 of 2009 , subject to the - 2 - conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )