IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42090 of 2009 1. SANJAY MISHRA SON OF AWADH NARAYAN MISHRA @ AWADH MISHRA 2. GUJA MISHRA SON OF SATYA NARAYAN MISHRA BOTH RESIDENT OF VILLAGE- DUMARIYA KHURD, P.S.- PARWATTA, DISTRICT- KHAGARIYA Versus STATE OF BIHAR ----------- 3 01/02/2010 Heard Mr. Akhileshwar Prasad Singh learned counsel for the petitioner no. 1 and learned APP for the State. Petitioner no. 2 Guja Mishra has been admitted to bail vide order dated 11.12.2009 and with regard to petitioner no. 1 Sanjay Mishra case diary was called for. Case diary has been received. Initially the case was registered under Section 307 and some other Sections of the Indian Penal Code on 14.10.2007 and after death vide order dated 16.10.2007 Section 302 was added in the FIR. Informant Jai Kant Mishra has given his fard beyan at Primary Health Centre that this petitioner along with others encircled him and petitioner Sanjay Mishra having sharp cutting weapon in his hand assaulted on his head. Others have also assaulted as a result of which he received various injuries. Submission is that no corresponding injuries have been found upon the head of the deceased. All the injuries were caused by hard blunt substance and not by 2 sharp cutting weapon. There is no intention to cause death. At best it is a case of Section 304 of the Indian Penal Code. Co-accused Ajay Mishra has been admitted to bail by this Court. Considering the facts and circumstances of the case, the petitioner no. 1 Sanjay Mishra above named is directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./concerned Court, Khagaria in connection with Parbatta P.S. Case No. 232 of 2007. avin (Shyam Kishore Sharma, J.)