IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12096 of 2008 RAMBIR YADAV & ANR Versus STATE OF BIHAR With Cr.Misc. No.16992 of 2008 TOFILAL YADAV & ANR Versus THE STATE OF BIHAR ----------- 6. 10.11.2008 Heard Sri Bishwanath Prasad, Advocate for the petitioners and the learned A.P.P. for the State. As regards connected anticipatory bail application bearing Cr.Misc.No.16992 of 2008, in spite of this Bench not being assigned with the duty of hearing such petitions, the same is dismissed as infructuous in the light of the contentions that the petitioners have not been sent up by the police and the report has been accepted and as such there should not be any apprehension to them of being arrested. The two petitioners, namely, Rambir Yadav and Pradeep Yadav are named in the FIR of a case under Section 302 IPC and both of them are alleged along with co-accused Tej Narayan Yadav to have dealt blows with Rami, lathi and iron rods on the head of the deceased. There is specific allegation against co-accused Taufi Yadav, who has not been sent up for trial, that he climbed over the chest of the deceased and simply crushed it. The corresponding injury on rib bones and - 2 - death on that account appears reported by the doctor in his postmortem examination. So far as the allegation against the two petitioners, namely, Rambir Yadav and Pradeep Yadav as also accused Tej Narayan Yadav is concerned, there was a solitary injury on head which was not the cause of death. The learned A.P.P. has drawn the attention of the court to paragraph 82 of the case diary containing the statement of the wife of the deceased who had deviated from the basic prosecution story of dealing blows with lathi by the petitioners on her husband and has stated that the injury on chest could be on account of the deceased being assaulted by the petitioners. In the light of the specific allegation of causing the injury on chest made against accused Taufi Yadav, who has not been sent up and in the light of the absence of more than one injury which were also not fatal, let the two petitioners, namely, Rambir Yadav and Pradeep Yadav be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Basopatti P.S.Case No.122 of 2007. B.Kr. ( Dharnidhar Jha, J. )