IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12682 of 2010 1. Suresh Mestar @ Suresh Ram @ Suresh Raut @ Mestar, Son of Late Asharfi Mestar. 2. Arun Mestar @ Arun Ram @ Arun Raut @ Mestar, son of Ram Ekbal Mestar Both are resident of Village- Muzaffarpur Near S.K.M.C.H., P.S. Ahiyapur, District- Muzaffarpur. …….Petitioners. Versus The State of Bihar …………………………Opposite Party. For the petitioners :- Mr. Ashok Kumar Singh 3, Advocate. For the State :- Mr. Abhimanyu Sharma, A.P.P. ----------- 2. 12. 05. 2010. Heard the parties. In a criminal prosecution originally instituted under Sections 326, 307 and some other allied offences of the Indian Penal Code, subsequently, offence under Section 302 of the Indian Penal Code was also added, the petitioners are named in the F.I.R. as accused. According to the F.I.R. vide Annexure-1 co-accused Raj Kumar Mestar is specifically alleged to have assaulted the deceased by Dabia on his head and co-accused Kamal Mestar is alleged to have assaulted him by Khukhari on the forehead. Two other co- accused persons are alleged to have assaulted the deceased by lathi and fatha, but these two petitioners are alleged to have assaulted the deceased by fists and kicks. It is submitted by the learned counsel for the petitioners that there are case and counter case vide Annexure- 1 and 2 respectively from both sides with respect to same occurrence. There are injuries to both sides and both F.I.R. was originally instituted under Section 307 of Indian Penal Code and some other allied offences. It is also submitted that even according to the prosecution 2 version, the petitioners had no mens rea to commit the crime in question resulting into the murder of deceased Gajendra Mestar. Be that as it may, in view of the fact that there are case and counter case from both sides and the petitioners are not alleged to have used any lethal weapon for causing assault to the deceased and death have not taken place on the spot, in that view of the matter, in the event of their arrest/surrender in connection with Riga P.S. Case No. 176 of 2009 within a period of four weeks from today, the above named petitioners shall be enlarged 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, Sitamarhi, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)