IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49711 of 2008 1. BAIRISTER SINGH @ BALISTAR SINGH, S/o Babu Lal Singh 2. Vikram Baitha 3. Sharma Baitha, Both S/o Singhsan Paisari 4. Krishna Pasari, S/o Singhsan Paisari 5. Badri Mahto S/o Firangi Mahto. Versus The STATE OF BIHAR ---with--- Cr.Misc. No.47777 of 2008 1. SUDARSHAN SINGH S/o Babu Lal Singh 2. Deepak Singh 3. Dilabar Singh, Both Sons of Sudar Shan Singh 4. Arun Mahto, S/o Paras Versus The STATE OF BIHAR ----------- 2/ 04.03.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners in Cr. Misc. No. 47777 of 2008 have been alleged for causing assault by means of bhala and fersa, except petitioner no.4, who is alleged for lathi and all the petitioners in Cr. Misc. no. 49711 of 2008 have been alleged for lathi blow. It is conceded by the parties that no injury of bhala or fersa was found on the person of the deceased, while injury caused by lathi was opined vital resulting into death. There are land dispute and enmity between the parties. Therefore, the prayer made on behalf of the petitioner no.4 in Cr. Misc. no. 47777 of 2008 and all the petitioners in Cr. Misc. no. 49711 of 2008 are rejected and at the same time, above named petitioners no.1, 2 and 3 in Cr. Misc. no. 47777 of 2008 are 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 C.J.M. West 2 Champaran, Bettiah in connection with Lauria P.S. Case no. 80 of 2008. shail (Mandhata Singh, J.)