IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25484 of 2009 BINAY SINGH Versus STATE OF BIHAR ----------- 2. 21.8.2009 Heard. The case is under Section 302 of the Indian Penal Code and the petitioner, of course, is named in the F.I.R. The initial allegation of dealing iron road blow is against accused Vijay Singh on the head of the deceased Ram Babu Singh and that injury appears fatal which has been described as one stitched lacerated wound about 3” long on right side of head on top. When the deceased had fallen down five others including this petitioner are alleged to have assaulted with hard and blunt substance. Two injuries in the nature of bruise and swelling were found on the right upper eyelid and right hand on back which is indicated by the post-mortem report. The Simple contention is that those two injuries which were bruise and swelling were not fatal injuries and, above all, there were five accused who were also bearing allegation 2 of assaulting the deceased. In the above background, let the petitioner, namely, Binay Singh be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in Amnour P.S. Case No. 7 of 2009. Kanth ( Dharnidhar Jha, J.)