IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35355 of 2010 1. SHRI BHAGWAN PASWAN, S/O LATE SAHY PASWAN, 2. DHARMDEO PASWAN, S/O SRI BHAGWAN PASWAN, …………Petitioners Versus THE STATE OF BIHAR . ----------- 2/ 05.10.2010 Heard learned counsel for the petitioners and for the State. The learned counsel appearing on behalf of the petitioners who are father and son are in custody in Barhar P.S. Case No. 37/2010 for the offence under Section 304/34 of the Indian Penal Code. It has been alleged in the First Information Report, that on the eve of Holi festival some altercation had taken place in between brother of the informant and son in law of the petitioner no. 1. Thereafter both the petitioners caught hold of the hands of the brother of the informant and thereafter in the occurrence, the son in law of the petitioner no. 1 namely Punyadeo Paswan gave a Gupti blow, due to said injury brother of the informant died. It has been submitted by the learned counsel for the petitioner that in his restatement the informant has disclosed that after the occurrence he come out of his house and thereafter he saw that brother of the informant was lying dead. Accordingly, it has been further submitted that main assailant of the present case is Punyadeo Paswan. It has further been submitted that petitioners have no criminal history. Keeping in view the fact that the (Gupti) blow has not given by both petitioners, the Court is inclined to extend privilege of bail to both the petitioners. 2 In the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with Barhara P.S. Case No. 37 of 2010. Bhardwaj ( Rakesh Kumar, J.)