IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44571 of 2008 1. RAKESH SINGH, Son of Late Mahesndra Singh, 2. Sudhir Kumar, son of Rakesh Singh, Both are residents of Village- Bhangara, Rajapakar, P.S.- Rajapakar, District- Vaishali:--- Petitioners. Versus STATE OF BIHAR:----Opposite Party ----------- 5. 24.04.2009. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case which was initially registered for the offences under Sections 341, 323, 447, 448, 379, 380, 504, 506 read with Section 34 of the Penal Code but under orders dated 5.7.2008 even Section 302 was added after the death of the injured informant. It is submitted by the counsel for the petitioners with reference to the Post Mortem Report dated 03.07.2008, Annexure-2 that deceased died on account of Syncope i.e. heart failure but such submission is refuted by the counsel for the informant who with reference to the statement made in paragraphs 58 and 59 of the case diary submitted that the deceased had other injuries also which was noted by the doctor in the remarks column of the Hospital Register and has also been incorporated in paragraph 58 of the case diary. It appears from the case diary that Injury No.1 was caused by hard and blunt substance which may be lathi. As the petitioners are alleged to have assaulted the informant (deceased) with lathi, I am not inclined to - 2 - admit them to the privilege of bail in the event of arrest. Their prayer for grant of such privilege is, accordingly, rejected with direction to surrender in the court below (Chief Judicial Magistrate, Vaishali) within a period of four weeks from today and apply for regular bail in connection with Rajapakar P.S.Case No. 95 of 2008, which should be considered in accordance with law. P.K.P. (V.N.Sinha,J.)