IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21731 of 2011 1.Gonar Yadav, Son of Abodh Yadav. 2.Dhirendra Yadav, Son of Abodh Yadav. 3.Kumod Yadav @ Kumod Kumar, Son of Gonar Yadav. All are residents of Village Latona Uttar, P.S. Tribeniganj, District Supaul. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- 03/- 28/09/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of both the case diary. All the three petitioners apprehending their arrest in connection with a case registered for the offence punishable under Section 147, 148, 149, 341, 323, 324, 307, 379 of the Indian Penal Code, are named accused in this case of assault in a petty dispute. Submission is that there is counter version also by way of Tribeniganj P.S. Case No. 136 of 2010 and against petitioner no. 2 except his presence, there is no allegation attributed upon him, whereas, petitioner nos. 1 and 3 carry allegation of inflicting injuries upon three persons, namely, Jitendra Yadav, Birendra Yadav and Kaltu Yadav, but no injury was found on Birendra Yadav and Kaltu Yadav showing falsity of the allegation and Jitendra Yadav though sustained some injury, but on non-vital parts of the body and the injuries are simple in nature. Learned Additional Public Prosecutor, who is armed with the case diary of both the cases i.e. present case and counter case, could not refute the above submissions. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul, in connection with Tribeniganj P.S. Case No. 135 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to petitioner nos. 1 and 3 to remain physically present before the court below on each and every date at least for two years or till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)