IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17464 of 2009 1.KOLAI YADAV 2.SHAMBHU YADAV 3.GHARAI YADAV All are S/O-Late Dhori Yadav, R/O-Vill-Ghorahwa, P.S.-Piprasi, Distt.-West Champaran. …………………………………………..Petitioners. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. WITH Cr.Misc. No.11876 of 2009 1.MADAN YADAV S/O-Chhedi Yadav 2.HARILAL YADAV S/O-Sukhal Yadav Both are R/O-Vill-Ghorahwa, P.S.-Piprasi, Distt.-West Champaran (Bagha). …………………………………………..Petitioners. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 30.07.2009 Since both the above bail applications have arisen out of one occurrence, they have been heard together and are being disposed of by this common order. The petitioners are accused of the case it was initially registered under Section 307 and some other Sections of the Indian Penal Code, in which Section 302 of the Indian Penal Code has been added after death of the injured. Allegation is that these petitioners and others have indiscriminately assaulted the 2 injured who was brought to the hospital but he died on account of injuries received by the petitioners. Submission is that on the date and time of occurrence there was free fight between two groups with regard to possession of the land. On behalf of the petitioners a case was filed which was registered under Section 325 and some other Sections of the Indian Penal Code. Though, the allegations were serious in nature but the death was not on account of injuries rather it was on account of the intelligence and improper treatment. Learned Counsel for the informant has opposed the prayer for bail of the petitioners and has submitted that there was clear intention of killing so the injured was brutally assaulted. Considering the facts and circumstances of the case, the above named petitioners are directed to be released on bail 3 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 Additional Chief Judicial Magistrate/ concerned court Bagha, West Champaran in connection with Piprasi P.S. Case No.- 43 of 2008. kksinha/ (Shyam Kishore Sharma, J.)