IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23922 of 2010 1. KUSHO CHOUDHARY 2. JUGESH CHAURASIA 3. OPI CHOUDHARY @ UPENDRA CHOUDHARY 4. FOSAL SHARMA 5. RAKESH CHAURASIA AND 6. JOGI CHOUDHARY VERSUS STATE OF BIHAR ----------- 2 02.08.2010. Heard learned counsel for the petitioners, State and the informant. The petitioners have been made accused in a case under section 302 of the I.P.C. on the allegation that they fired and assaulted causing the death of informant’s son. The petitioners submit that it is specific in the FIR that 6 named persons opened fire on account of which he sustained injuries and fell down, thereafter it is alleged that other accused persons assaulted him with lathi etc. He further submits that post mortem report shows that all the three injuries are caused by firing and there is no mentioning of injuries caused by hard and blunt substances which is attributed to the petitioners. The informant submits that as per allegation all the accused persons including petitioners hurled assault causing death of son of the informant. In the facts and circumstances of the case, let the petitioners as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 2 Khagaria in Mahesh Khunt Police Station Case No. 38 of 2010, Gr no. 363 of 2010. Petitioners would not absent physically for more than two consecutive dates at a stretch, till two witnesses are examined in trial, otherwise his bail bond would be cancelled and he would be taken into custody. Shashi. (Samarendra Pratap Singh, J.)