IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29 of 2009 1. RAMJIT RAI son of Bhimal Rai 2. Bikrama Rai son of Bhograj Rai 3. Chhabila Rai son of Sheoji Rai, all residents of village Madarpur, P.S. Mashrakh,District Saran … … Petitioners Versus THE STATE OF BIHAR … … Opp. Party For the petitioners:Shri Kanhaiya Pd.Singh, Sr.Adv. For the State:Shri Dashrth Mehta,APP ----------- 2. 4.2.2009 Heard. The case is under Section 302 of the Indian Penal Code on a petition of complaint for which there was earlier a case registered by the police also. In both the cases, i.e., the complaint and the F.I.R., the deceased is one and the same person who, as per the F.I.R., was caught by the villagers while committing theft and was assaulted brutally and probably was handed over to the police. The police admits that he was handed over to them inasmuch as they have in their F.I.R. stated that while taking the man to the hospital he died on the way. The complainant came with a complaint petition after more than a year alleging that the police personnel and some 2 of the villagers had illegally captured the man and confined him and had beaten so brutally as to killing him. The contention is that the police after investigating their case registered earlier as Mashrak P.S.Case No.64 of 1987, had found the case true but could not gather any clues as regards the authorship. Regard being had to the above facts and considering that it could be a question to be decided during the trial as to what had really happened, let the above named three petitioners be released on their furnishing bonds each 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 Complaint Case No. 799 of 1988. Kanth ( Dharnidhar Jha, J.)