IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2096 of 2010 1. KAPIL SARDAR @ KAPIL RAUT, SON OF LATE YAMUNA RAUT 2. MALAKH RAUT, SON OF KAPIL SARDAR @ KAPIL RAUT BOTH ARE RESIDENT OF VILLAGE-BALWAPAR, POLICE STATION- WARISALIGANJ, DISTRICT-NAWADA. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Birendra Kumar (Adv.). For the State : Mr. S.R. Haque (APP). ----------- 02/ 08.02.2010 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Counsel for the State. The petitioner seeks bail in a case which has been registered under Sections 307, 385 and some other Sections of the Indian Penal Code. The petitioner is accused in Warisaliganj P.S. Case No. 152 of 2009 whereas in another case i.e. Warisaliganj P.S. Case No. 173 of 2009 under Section 324 and some other Sections of the Indian Penal Code he is informant. Allegation against him is that he along with others have made murderers act upon the informant and his persons. Submission is that there is a case and a counter case. Similarly situated co- accused has been admitted to bail. There was 2 no intention to cause death which is apparent from the fact. There were no intervening circumstances and the injuries were caused by hard and blunt substances and the injuries were not on vital part of the body. Learned Counsel for the informant has opposed the prayer for bail and has submitted that the petitioner is a man of criminal antecedent. Considering the facts and circumstances of the case, the above named petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned court in connection with Warisaliganj P.S. Case No. 172 of 2009. kksinha/ ( Shyam Kishore Sharma, J.)