IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3967 of 2011 1. BIRENDRA KUMAR 2. DEO NANDAN PRASAD Versus THE STATE OF BIHAR ----------- 04 20.05.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners along with four other persons named in the first information report with allegation that they mercilessly assaulted the deceased with lathi and tangi as a result of which deceased died in course of her treatment. The informant claimed himself to be an eye- witness of the alleged occurrence. Admittedly, the alleged occurrence took place between night of 22/23.01.2009 and the deceased died on 25.01.2009 but her statement was not recorded by the concerned Investigating Officer and it is not clear as to whether the deceased was in a position to make her statement or not. It would appear from the first information report itself, that there was land dispute between the parties and the petitioners are close agnate of the informant. The post-mortem report of the deceased reveals that she has received injuries on her legs, chick and right side of tongue. Furthermore, post-mortem report reveals that deceased sustained injuries caused by hard and blunt substance and no bony injury was found on the person of the deceased. Moreover, it is not specific as to which accused gave fatal blow to the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly this aspect of the matter that omnibus allegation of assault has been levelled against the petitioners as 2 well as other accused and no specific overt-act has been attributed against these petitioners, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sherghaty, Gaya in connection with Imamganj P.S. Case No. 03 of 2009. Shahzad ( Hemant Kumar Srivastava, J.)