IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41460 of 2008 PARDESHI CHAUHAN & ORS Versus STATE OF BIHAR ----------- For the petitioner : Mr. Manan Kumar Mishra, Sr. Advocate For the State : Mr. R.P.Sharan Singh, A.P.P. ------- 9 04.05.2009 The six petitioners are FIR named accused of Kateya P.S. Case No. 68 of 2008 registered under section 302 and other allied sections of Penal Code for allegedly having caused the death of Srikishun Mahto, the father of the informant. The petitioners are said to have participated at the occurrence variously armed with lathi danda, iron rod and garasi and the post mortem report though showing only one external injury in the form of one bruise over the right partial region 2” x 1” , the cause is death is attributed to shock and haemorrhage caused by the aforesaid injury which was said to have been caused by hard and blunt substance. The very fact that two counter case at the behest of these petitioners (Kateya P.S. Case No. 69 of 2008) wherein injures were sustained by the petitioners herein cannot be a source or cause for enlarging the petitioners on bail. Accordingly in the facts and circumstances of the case I am of the view the death having been caused by the action of the petitioner, I am not inclined to grant bail to them. Their prayer for bail is accordingly rejected. Spd/- (Abhijit Sinha, J.)