IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12350 of 2009 1. RAMESH RAI, son of Jamiri Rai 2. Akhilesh Rai, son of Bodha Rai Both residents of Village – Inayatpur Dhamaul, PS-Patori, District – Samastipur ------------------Petitioners Versus STATE OF BIHAR ------------------ Opposite party ***** 03. 27.07.2009 Heard learned counsel for the petitioners and learned APP of the State. Both the petitioners are accused in Patori Case No. 92 of 2008 instituted under several sections of the Indian Penal Code including 307 which was later on converted into 302 IPC. As per the allegation in the FIR there was a dispute between the parties over selling of kerosene oil in black market by the PDS dealer in question which led to free fight. As per the allegation petitioner no.1 had assaulted one Binda Rai and also one Lutan Rai. Assault was said to be on the head of Lutan Rai which subsequently caused his death. Petitioner No.1 is said to be the person or the author of the injury on Lutan Rai. That being so, this Court is not inclined to grant him bail at this stage. The prayer for bail made on behalf of petitioner No.1 Ramesh Rai is therefore rejected. So far petitioner No.2 is concerned, looking at the allegation that he had caused lathi injury on Binda Rai and has otherwise remained in custody for a while now, let petitioner no.2 Akhilesh Rai be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional - 2 - Sessions Judge, Fast Track Court No. IV, Samastipur in Sessions Trial No. 103 of 2009 arising out of Patori P S Case No.92 of 2008. rkp (Ajay Kumar Tripathi, J)