IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5227 of 2009 HARI YADAV @ HARI DAS YADAV, S/o. late Abadh Yadav, R/o. village- Fulbana, P.S. Kishanpur, District- Supaul. WITH Cr.Misc. No.45275 of 2008 KINNU YADAV, S/o. Lutan Yadav, r/o. Village- Tengraha, P.S. Kishanpur, District- Supaul. Versus THE STATE OF BIHAR ----------- 03 18.04.2009 Heard learned counsel for the petitioners and the State. Petitioners are in custody in a police case registered for the offence under Sections 302 and other provisions of the Penal Code. The allegations are of joint assault upon the deceased. It is submitted that the petitioner in Cr. Misc. No.5227 of 2009 assaulted with a lathi. Similarly situated co-accused Radhe Shyam Sah has been granted bail in Cr. Misc. No.15541 of 2008. The petitioner is in custody since 17.10.2008. The submission on behalf of the petitioner in Cr. Misc. No.45275 of 208 is that assault with sharp cutting weapons is primarily attributable to Pramod Choudhary and Bisni Paswan. 2 The order in Cr. Misc. No.15541 of 2008 grants bail on the submission that the petitioner was not named in the F.I.R. and there was no allegation of assault against him. Even if the recital of being not named in the F.I.R. is construed as a typographical error, as aforesaid, it still leaves the issue of his not being the assailant contrary to the record. Considering the matter in its entirety, in the indiscriminate nature of assault alleged in a land dispute, five sharp cutting injuries on the body of the deceased with two bruises, this Court is satisfied that the petitioner in Cr. Misc. No.5227 of 2009 may fall in a like category with the petitioner in Cr. Misc. No.45275 of 2008 in so far as the weapon of assault is concerned but they are both equally answerable for their individual indiscriminate assaults. This Court is not persuaded in the entirety, considering the period of custody to grant bail at this stage. Both applications are rejected for the present. Mkr. (Navin Sinha, J.)