IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26812 of 2010 1. Mohd. Fakruddin @ Fakhruddin 2. Mohd. Azruddin @ Azharuddin, both sons of Mohd. Majnuddin. R/O village Rajasan, P.S. Bidupur, District Vaishali Versus THE STATE OF BIHAR 03/ 05.08.2010 Having considered the grounds taken in support of the restoration application, Cr. Misc. No. 14665 of 2010 is restored to its original file and number and the restoration application is, accordingly, disposed of. Having disposed of the restoration application, Cr. Misc. No. 14665 of 2010 is taken up for admission. Learned counsel for the petitioners is permitted to correct the averments made in Cr. Misc. No. 14665 of 2010. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 323, 324, 379 and other allied Sections of the Indian Penal Code. They are named in the First Information Report along with other six members of the family. It is submitted on behalf of the petitioners that petitioner no. 1 Mohd. Fakruddin @ Fakhruddin is alleged to have given farsa blow, but the injuries are simple. So far petitioner no.2, Mohd. Azruddin @ Azharuddin, is concerned, it is submitted that no overt act is alleged against him. Let the petitioners above named surrender in the court below within four weeks from the date of receipt of this order in the court below and thereafter the court below should consider the case of - 2 - petitioner no.1 in the light of the injury report and pass appropriate orders in accordance with law considering the nature of the injury. So far petitioner no. 2, Mohd. Azruddin @ Azharuddin is concerned, if no overt act is alleged against him in the First Information Report, then he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 404 of 2009, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ (V.N. Sinha, J.)