IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43752 of 2010 1. PATRI DEVI , wife of Gudar Mandal @ Ashok Mandal, resident of village Naktapar, P.S. Rupauli (Akbarpur O.P.) District Purnea 2. Sridhar Mandal, Son of late Dhanpi Mandal 3. Anil Mandal, Son of Sridhar Mandal Both residents of village Bhittha, P.S. Bhawanipur (Akbarpur O.P. ), District Purnea ……. Petitioners Versus THE STATE OF BIHAR ……… Opposite Party ----------- For the petitioners : Mr. Vivekanand Singh, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ---- 2 14.12.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case initially registered for offences punishable under Sections 147, 148, 149, 323, 325, 307, 427, 452, 374 of the Indian Penal Code and Section 27 of the Arms Act and Section 302 of the Indian Penal Code has been added as the injured subsequently died. It is submitted on behalf of the petitioners that admittedly there is land dispute between the parties. It has further submitted that from perusal of the first information report it appears that allegation against the petitioner nos. 2 and 3 is that they have resorted to firing and thereafter 2 co-accused Vijay Mandal and Pintu Mandal started assaulting the deceased, the father of the informant by lathi. Thereafter petitioner no. 1 Patri Devi also reached at the spot along with 3 – 4 unknown persons and all those persons have also started assaulting him by lathi and danda. Learned counsel submits that from the injury report as well as post mortem report, it is apparent that cause of death is due to assault by hard and blunt substance. However, allegation against the petitioner nos. 2 and 3 is that they have utilized their fire arms but there is no injury caused by fire arms. Further submission is that the petitioner no. 1 is lady, who has only been attributed to have abated the crime and there is no specific allegation of any overt act against her. It is also contended that the injured had died after about 23 days of occurrence during the course of treatment. In the facts and the circumstances of the case, the petitioners above named are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, (F.T.C. No. 6), Purnea in connection with S.T. No. 1341 of 2010 3 arising out of Rupauli (Akbarpur) P.S. Case No. 28 of 2010, with a further condition that the petitioners should be well represented on each and every date during the course of trial. Failing on two consecutive dates without any reasonable explanation, the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioners. Spd/- (Dr. Ravi Ranjan, J.)