IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3848 of 2009 1. PARSHURAM SINGH 2. BUTAN SINGH 3. HALKHORE SINGH @ HALKHO SINGH 4. BHOLA SINGH 5. BIJENDRA SINGH 6. BALA NATH SINGH Versus STATE OF BIHAR ----------- For the Petitioner :Mr.Akhileshwar Prasad Singh,Advocate For the State :Mr. Bal Mukund Pd. Sinha, APP For the Informant :Mr.Madanjeet Kumar, Advocate --- 3. 22.04.2009 Heard counsel for the parties. Six petitioners herein have approached this Court for grant of anticipatory bail in a case initially instituted under section 302/34 IPC. However, as agreed at the Bar, the police upon investigation, have found the case to be true under section 304 IPC. The dispute arose over a trivial matter between the two groups of people leading to institution of two FIRs. Which are already on record. As per the FIR in question, the allegation of firing hitting the deceased, has been specifically assigned to three accused persons (not the petitioners). It is alleged that upon receiving fire-arm injuries, the deceased fell down and subsequently some of the accuseds including the present petitioners, assaulted him (deceased) with bricks and stones etc. Counsel for the petitioners, referring to the post mortem report, submits that the doctor did not find any injury caused either by bricks or stones. The doctor has found pellet - 2 - injuries on the vital part of the body which led to the death of the deceased. Referring to the counter version, it has been submitted that some of the persons from the petitioners’ side have also received grievous injuries. Having regard to the aforesaid facts, this Court is persuaded to admit the petitioners to anticipatory bail. In the event of arrest/surrender in the court below, the petitioners abovenamed, shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Bhojpur in Jagdishpur P.S. Case No.213 of 2008, subject to the conditions as laid down under section 438 (2) Cr. P.C. hr ( Kishore K. Mandal )