IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40427 of 2010 SANJAY SINGH & ANR Versus THE STATE OF BIHAR with Cr.Misc. No.40717 of 2010 ARBIND KUMAR SINGH @ ARBIND SINGH & ANR Versus STATE OF BIHAR with Cr.Misc. No.35038 of 2010 SHAILENDRA SINGH Versus STATE OF BIHAR 2 21.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. The above noted three cases are taken enblock as the above said petitions arise out of the same case i.e. Raghunathpur P.S. Case No. 46 of 2010 registered under sections- 147, 323, 337, 354, 307 of the of the Indian Penal Code and subsequently, section 302 of the of the Indian Penal Code was added and accordingly, the above said petitions are being heard and disposed of by this common order. Admittedly , the alleged occurrence took place in two phases; On 04.06.2010, the petitioner No. 1 of Cr. Misc 40427 of 2010 alongwith petitioner No 2 of Cr. Misc. No. 40717 of 2010 teased the informant’s girl and when on next day, the informant made complain about the above-said incident, petitioners and other co-accused persons assaulted the informant as well as his other family members as a result of which the informant and his family members sustained injury - 2 - and subsequently, the informant’s brother namely, Pundeo Yadav died in course of treatment. It is specifically stated that the petitioner, Shailendra Singh in Cr. Misc. No. 35038 of 2010 gave stone blow to informant’s brother as a result of which, informant’s brother sustained head injury. Learned counsels appearing for the petitioners in Cr. Misc. No. 40427 of 2010 and Cr. Misc. No. 40717 of 2010 submitted that having similar allegation, other co-accused have already been granted bail by another Bench of this court vide order dated 11.10.2010 passed in Cr. Misc. No. 37958 of 2010. Learned counsel appearing in Cr. Misc. No. 35038 of 2010 has submitted that above-said petitioner had no motive to participate in the alleged crime and as a matter of fact, he was not present at the place of occurrence. He further submits that the deceased died of Haemotoma but I am not at all convinced with his submission because postmortem report reveals that cause of death was head injury of the deceased and admittedly, there is specific allegation of giving stone blow on the head of the deceased against the petitioner of Cr Misc. No. 35038 of 2010. In the aforesaid facts and circumstances as well as submissions of the parties, the petitioners, namely, Sanjay Singh, Bijay Bahadur Singh @ Vijay Bahadur Singh (in Cr. Misc. No. 40427 of 2010), Arvind Kumar Singh @ Arvind Singh and Jhanjhat Singh (in Cr. Misc. No. 40717 of 2010), are - 3 - directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Raghunathpur P. S. Case No. 46 of 2010 to the satisfaction of Chief Judicial Magistrate, Siwan. So far as petitioner, namely, Shailendra Singh is concerned, his prayer for bail in connection with Raghunathpur P.S. Case No. 46 of 2010 stands rejected. AKV/- (Hemant Kumar Srivastava,J.)