IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 4536 of 2010 1 Bhim Sao, son of late Vishwanath Sao 2 Lalan @ Lallan Kumar, son of Bhim Sao (Halwai), residents of village – Hakikatpur, P S – Bakhtiyarpur, District - Patna 3 Raju Kumar, son of Sri Anil Prasad, resident of Karamganj, P O – Dhoorgaon, P S – Ekangarsarai, District – Nalanda - Petitioners Versus State of Bihar - Opposite Party ----------- 3 25.05.2010 The petitioners apprehend arrest in Bakhtiyarpur Police Station Case No 1139 of 2009 instituted under Section 302 of Indian Penal Code and other Sections as well. It is alleged, in the present case, that there being a dispute of drain between the two parties, the accused persons came and started a quarrel. They assaulted one Manoj Kumar and took him to their house and got him assaulted by the police as well. Having been taken in an injured condition, Manoj Kumar succumbed to his injuries. On behalf of petitioners, it is submitted that the fact is totally otherwise. It is submitted that Manoj Kumar and others started the quarrel in a drunken condition at the house of the accused persons. Manoj Kumar was caught and beaten up. The police was also called because Raj Kumar, in whose house this was happening, informed the police. Police also beat up Manoj Kumar who died. Raj Kumar had earlier instituted the case in respect of the said incident which had taken place on 09.06.2009 being Bakhtiyarur Police Station Case No 111 of 2009. The present case with regard to the same occurrence is being instituted on 11.06.2009 only to cover up. It is also urged that petitioners No 2 and 3 are minors. Considering the aforesaid, in the facts and circumstances of the case, the petitioners abovenamed are directed to surrender before the Court below within four weeks from today and if they do so, they shall be 2 released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh in Bakhtiyarpur Police Station Case No 113 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)