IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26806 of 2009 BHOGI JHA & ANR Versus STATE OF BIHAR ----------- 3 08.10.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Two petitioners have been made accused in connection with Pratap Ganj P.S. Case No. 46 of 2008 registered under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code. The brother of the informant died in the altercation which took place between the petitioners including his family members and informant and his brother. Substance of the allegation is that the brother of the informant died as a result of the assault made by the accused persons. It is contended on behalf of the petitioners herein is that even according to the allegation as set out in the F.I.R. whereas petitioner No.1 has been charged with assaulting the brother of the informant on the leg, the petitioner No.2 has been charged with assaulting the brother of the informant on the hand. It is contended that death of the brother of the informant 2 cannot be attributed to the said injuries. Learned counsel appearing on behalf of the petitioners also relies upon the postmortem report, copy of which has been placed at Annexure-2 where it has been mentioned that the cause of death could be by reason of injury by hard and blunt substance. It is further contended that petitioner No.1 is in custody since 23.1.2009 and petitioner No.2 is in custody since 23.12.2008 Having regard to the facts and circumstances of the case, let the petitioners, Bhogi Jha and Umesh Jha, be enlarged on bail upon each one of them furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Birpur(Supaul) in connection with Pratap Ganj P.S. Case No. 46 of 2008. Bibhash (Jyoti Saran, J. )