IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25 of 2009 1.PAWAN KUMAR SON OF SRI RAM PRAVESH SINGH 2.BINOD KUMAR SON OF RAM NATH SINGH 3.SUJAY @ RITESH SON OF RAM NARESH SINGH 4.INDAL KUMAR SON OF LATE RAM NATH SINGH 5.MANOJ KUMAR SON OF SRI SURYA NARAYAN SINGH ALL RESIDENT OF MOHALLA ANAITH,P.S.ARRAH NAWADA,DISTT.BHOJPUR Versus STATE OF BIHAR ----------- 2/ 11.2.2009 Heard learned counsel for the parties. The petitioners apprehend their arrest in a case which has been registered for offences under Sections 307 and some other Sections of the Indian Penal Code. Altogether eleven persons are named accused including these petitioners and there is general allegation that they assaulted with traditional weapons which caused grievous injuries to Dinesh Yadav, Pramod Kumar, Kishori Yadav and Sitavati Devi. Submission is that there is case and counter case. The counter case has also been registered for offences under Section 307 and some other Sections of the Indian Penal Code. The date and time of occurrence in both the case are the same. It appears that there was free fight between the parties and the police after investigation has submitted chargesheet under Section 326 of the Indian Penal Code but at best a case under Section 325 of the Indian Penal Code is made out. One of the co-accused Suraj Narayan Yadav has been granted anticipatory bail by a Bench of this Court on 9.2.2009 Vide Cr.Misc.No. 46749 of 2008. Considering the facts and circumstances of the case, this application is allowed and the petitioners named above are directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on their so surrendering, they shall be released 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 Chief Judicial Magistrate, Bhojpur at Arrah in Arrah Nawadah P.S.Case No. 107 of 2008, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)