IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28026 of 2010 1. BRIJNANDAN CHAUHAN son of late Sadhu Sharan Chauhan 2. Mohan Chauhan son of Shivdani Chauhan 3. Murari Chauhan son of Brijnandan Chauhan------------Petitioners. Versus THE STATE OF BIHAR . ----------- 2. 13.9.2010 Learned counsel for the petitioners submits that petitioner nos.2 and 3 has been arrested by police. As such, he wants to withdraw this application as against petitioner nos.2 and 3. This application is dismissed as withdrawn as against petitioner nos.2 and 3. Heard learned counsel for the petitioners and the State. All the accused persons have been alleged for causing assault to the deceased resulting into his death is doubted on the ground that enmity is there in between the parties. Pakribarawan P.S. case no.117 of 2007 was pending filed on behalf of elder brother of the petitioners against all the sons of the deceased. So there could be no occasion to accompany the deceased to their house. Offences of Pakribarawan P.S. case no.117 of 2007 are not serious in nature. Internal injuries are there only but corroborated by witnesses. Moreover, real culprit would be spared to make false involvement is not the stage to consider. Post mortem is also in corroboration with the F.I.R. and the assault alleged. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioners shall be released on bail on furnishing bail bond of 2 Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Pakribarawan P.S. case no.21 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J.)