IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32839 of 2010 1. BAIJNATH RAI 2. JAGARNATH RAI 3. VISHWANATH RAI 4. AJAY RAI 5. VIJAY RAI ---------------------------- PETITIONERS Versus THE STATE OF BIHAR ----------- 4 13.1.2011 Petitioner no.3 has been arrested by the Police, as such, his application for anticipatory bail has been withdrawn by order dated 20.9.2010. For petitioner nos. 1,2,4 and 5, heard learned counsel for the parties. Due to plucking of mango, victim was allegedly assaulted by all the petitioners. Petitioner no.1 and petitioner no.2 are specified for causing assault on frontal region and eye. Injury caused by petitioner no.1 by means of rod appears serious, may be grievous but submission is followed by no repetition. Filing of F.I.R. only after four days while all the victim’s family members remained present to watch the incident and alleged theft is super- addition. Thus, having regard to the facts and circumstances of the case, in the event of 2 arrest or surrender within one month from the date of communication of this order, the above named petitioner nos. 1,2,4 and 5 shall be released 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 Chief Judicial Magistrate, Muzaffarpur in Saraiya P.S. Case No. 86/10, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)