IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33460 of 2008 1. SUNIL MANDAL @ PAHALWAN, Son of Sri Sukhdeo Mandal, Resident of Village- Ekashitola Panchayat Kalyantola, Police Station- Bariarpur, District- Munger. 2. Bhawesh Mandal, Son of Sri Hoto Mandal @ Rup Narayan Mandal, resident of Village- Nadia Tola on Bandh, Police Station- Bariarpur, District- Munger :--- Petitioners. Versus STATE OF BIHAR:---- Opposite Party ----------- For the Petitioners : Mr. Sanjeev Ranjan Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ===== 6. 08.12.2008. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Sections 302, 342, 148, 147 and 149 of the Penal Code and Section 27 of the Arms Act. They are named in the First Information Report along with four others. It is submitted on their behalf that there is omnibus allegation of firing against them as also four others. Counsel for the petitioners submits that from the post mortem report it will appear that there were only three injuries on the person of the deceased, as such, it cannot be said that petitioners were the assailant. True it is that from the post mortem report it appears that there are three injuries on the person of the deceased but that does not mean that the allegation of firing against the petitioners and others is not correct. The three shots may have injured the deceased and the other shots may have missed the target. In the circumstances, I am not inclined to release the petitioners on bail. Their prayer for bail is, accordingly, rejected. P.K.P. (V.N.Sinha,J.) - 2 -