JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. Heard Mr. Pawan Kumar, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 3. The petitioners apprehend arrest in connection with Mahisi PS Case No. 76 of 2020 dated 12.05.2020, instituted under Sections 147/148/149/341/342/323/324/307/354(A)/379/ 504/506 of the Indian Penal Code. 4. The allegation against the petitioners, along with others, is that due to dispute arising out of tying of goat in the field, there was fight in which the accused are said to have assaulted using farsa, khanti and iron rod and specifically against petitioner no. 1 is of assault by farsa on the head of the informant whereas against the petitioner no. 2 it is general and omnibus of assault on the informant and others also. 5. Learned counsel for the petitioners submitted that the genesis of the incident as narrated in the FIR itself is very trivial, that is, tying of goat by the petitioner no. 1 in the field of the informant which was objected. It was submitted that even if it is taken to be true, there may have been some scuffle between the parties in which there was a free-fight, but the injury report does not support the prosecution story as no injury has been found on the head of the informant, much less to suggest that farsa was used by him. Learned counsel submitted that as far as petitioner no. 2 is concerned, it is only general and omnibus that he also assaulted along with others by khanti and iron rod but the injury suffered on the victim has been found to be simple in nature. It was submitted that the petitioners have no other criminal antecedent. 6. Learned APP, from the case diary, submitted that though witnesses have supported the prosecution case but it was not controverted that no injury has been found on the head of the informant and only a lacerated wound over the left eyebrow and swelling on the shoulder has been found and nature has been said to be simple caused by hard blunt substance and with regard to the other victim also, the nature of injury has been said to be simple. 7.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st-cum-Special Judge, Saharsa in Mahisi PS Case No. 76 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners, and (iii) that the petitioners shall cooperate with the Court and police/prosecution. Any violation of the terms and conditions of the bonds or the undertaking or non-cooperation shall lead to cancellation of their bail bonds. 8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners. 9. The petition stands disposed off in the aforementioned terms.