IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25594 of 2008 1. GANESH CHANDRA CHOUDHARY @ KAKKU, S/o. Badri Narayan Choudhary, 2. Gautam Choudhary, S/o. Ganesh Chandra Choudhary, Both are r/o. village Pawai, P.S. Amarpur, Distt. Banka. Versus THE STATE OF BIHAR ----------- 3 20.10.2008 The F.I.R.was lodged under Section 302/34 of the I.P.C. against the petitioners and two other unknown. The informant alleged that on the night of occurrence at about 12.00 to 12.30 O’Clock he woke up on hearing the cry of his son Kaushal Kishore Choudhary (deceased) . He flashed his torch light and went into deceased’s room and found that these two petitioners and two other unknown were assaulting his son on his head by means of Garasa and thereafter they fled away and the deceased succumbed to the injuries. Learned counsel for the petitioner submits that in his further statement at paragraph-3 of the case-diary the informant does not say about the petitioners and others assaulting the deceased but he says that when he entered into the room he saw his son (deceased) in injured condition and the petitioners and others were fleeing away 2 from there and at that time petitioner Gautam Chaudhary had thrown the Garasa in the room. Learned counsel also submits that the petitioners are co-villagers of the informant and there is dispute regarding partition. Hence, the petitioners have been falsely implicated in this case. Learned counsel also refers to Para-36 of the case-diary and points out that a silver ring with moonstone was recovered in the room and the ring was said to have belonged to one Santosh Choudhary and the informant had produced the ring before the I.O. raising suspicion on Choudhary in the commission of crime. The petitioners are said to be in custody since 05.01.2008. Mr. S.R. Haque, the learned Addl.P.P. does not point out any other material against the petitioners. In the facts and circumstances, the petitioners named above are admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.150 of 2007, G.R. No.958 of 2007. Mkr. (C.M. Prasad, J.)