IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8811 of 2011 1. MUNATI PATEL son of Late Shreeram Raut, 2. Rajiv Patel, son of Munati Patel Versus THE STATE OF BIHAR ----------- 2/ 11.03.2011 Heard learned counsel for the parties. As per prosecution case quarrel took place between two boys. One of the boys was son of the informant’s brother and the other was the son of petitioner no.1. Informant’s brother Akhilesh Patel went to the house of petitioner no.1 Munati Patel and complained about the act of his son. A quarrel ensued between them resulting into assault by fists and slap. Petitioner no.1 pressed the neck and petitioner no.2 sat on the chest and tried to press it, on account of the aforesaid assault Akhilesh Patel died. Learned counsel for the petitioners submits that the occurrence was unpremidated and took place on the spur of moment. By referring post-mortem report (Annexure-2), the petitioners submit that the deceased did not sustain injury on the neck and chest. Counsel for the State opposes the prayer for bail. From the prosecution case, it transpires that petitioners pressed the neck and the chest of the deceased causing death to informant’s brother Akhilesh Patel. The doctor conducting the post-mortem examination opined that death is on account of asphyxia due to pressure over chest and neck. In the facts and circumstances of the case, I am not 2 inclined to grant bail to the petitioners. The prayer for bail of the petitioners is rejected at this stage. Uday/ (Samarendra Pratap Singh, J.)