IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12517 of 2010 1.GOBIND SAH 2.Yuganand Sah 3.Shyam Bati Devi 4.Fekni Devi , all are residents of village Kochgarh, P.S. Kochadhaman, Dist. Kishanganj…..Petitioners Versus STATE OF BIHAR Opposite party. ----------- For the petitioners : Mr. Dilip Kumar Singh, Advocate. For the State : Mr. Amrendra Prasad A.P.P. -------------- 2 12.5.2010 Heard the parties. In a criminal prosecution for offences under sections 304, 504/34 of the Indian Penal Code an altercation is said to have taken place between co-accused Urmila Devi and deceased Nishu Lal Sah on the question of taking bath by certain kids. Co-accused Urmila Devi and the informant appear to be neighbour. In the FIR vide Annexure-1 the allegation of assault by broom stick is only against co-accused Urmila Devi. From perusal of the FIR it is apparent that the petitioners are not alleged to have participated in the assault upon the deceased. They are only alleged to be present there on the spot. Taking into consideration the aforesaid facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the above - 2 - named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Kishanganj, in connection with Kochadhaman P.S. Case no. 136 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman