IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39539 of 2009 1. UPENDRA MANDAL, SON OF LATE KALLAR MANDAL 2. JITENDRA MANDAL @ JITENDRA KUMAR SON OF UPENDRA MANDAL. 3. BILO MANDAL @ BILENDRA KUMAR SON OF UPENDRA MANDAL ALL ARE RESIDENT OF VILLAGE DAKRASAT-KAJURIA, POLICE STATION- NAYA RAM NAGAR, DISTRICT-MUNGER. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 03/ 22.01.2010 Heard Mr. Ajit Kumar Singh, learned Counsel for the petitioners and learned Counsel for the State. The petitioners are accused of the case which has been registered under Section 302 and some other Sections of the Indian Penal Code. Allegation is that when the informant reached near the house of the petitioner Upendra Mandal all the accused including the petitioners have surrounded abused and assaulted. In the meanwhile, informant’s brother Daso Mandal who was returning was stopped and all the persons thrashed him, as a result thereof he died. Submission is that no case under Section 302 is made out at best the case comes under the purview of Section 304 of the Indian Penal Code. Considering the facts and 2 circumstances of the case, the above named petitioners are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger/concerned court in connection with Naya Ram Nagar P.S. Case No. 23 of 2009. kksinha/ ( Shyam Kishore Sharma, J.)