IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23579 of 2011 Manoj Sahani & Anr. Versus The State Of Bihar --------- 05/ 15.12.2011 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are in jail custody in connection with a case registered under section 302 and other minor sections of the IPC. It would appear from perusal of the first information report that on account of dispute of ridge, an altercation took place between the parties and in the aforesaid altercation, petitioners gave lathi blows to the deceased Nankhi Sahani as a result of which he sustained injury on his head and died then and there. Learned counsel for the petitioner submits that even if the prosecution story assumed to be true, then also, no case under section 302 of the IPC is made out and at best, it is a case of section 325 of the IPC. It is further contended by him that as per post mortem report of the deceased, he had sustained only one injury on his head and it is not clear as to which of the petitioners had given the aforesaid injury to the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Manoj Sahani and Anand Kumar Sahani @ Anandi Kumar Sahani, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Tishiauta P.S. Case no. 15/2010. shahid (Hemant Kumar Srivastava,J)