Considering the above mentioned facts and circumstances of the case, perusal of the F.I.R in which there is specific allegation against the petitioner that he has assaulted the informant and his son and the opinion of the doctor with respect to the injury sustained by both of them is simple in nature, the petitioner has not assaulted any of the victim on the vital part of the body as would appear from the injury report, there is long standing family dispute for fencing of the boundary wall and there is case and counter-case between the parties in course of the fight between the Gotias , however, the brother of the informant namely, Umesh Mehta succumbed to injury assaulted by one Birendra Mehta and there is no allegation that petitioner was also one of the members to assault the deceased (Umesh Mehta), the petitioner has made out a case for grant of regular bail. The Court below is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bihariganj (Madhepura) in connection with Biharigarh
