1. Heard the parties.

2. Petitioners apprehend their arrest in a case under Ss. 448, 341, 323, 307, 504/34 of the Indian Penal Code on the allegation that they assaulted the informant and others with Farsa, Lathi etc. on account of some land dispute.

3. It is submitted on behalf of the petitioners that the informant and his son got simple injuries and the police during investigation found the case to the true only under bailable sections of the Penal Code and as such granted bail to the petitioners and submitted chargesheet under Ss. 341, 323, 504 of the Indian Penal Code, however, learned Magistrate took cognizance of the offence also u/s. 307 of the Indian Penal Code which is non bailable and issued summons to the accused petitioners for appearance. Learned counsel for the petitioners submitted that there is a counter version of the occurrence also reported to the police by petitioner namely, Shivchandra Singh on 26.12.2000 is Sadar Hospital, Hajipur which led to registration of Hazipur P.S. Case No. 273 of 2000 under Ss. 325, 307 and 379 of the Indian Penal Code. In the counter case it is alleged that the prosecution side came armed with Farsa and country made pistol and