IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14123 of 2009 Naresh Gope son of Indar Gope resident of Mohalla Singar Hat P.S.Sohsarai,Dsistrict Nalanda........................Petitioner. Versus The State of Bihar .................................Opposite Party. With Cr.Misc. No.14622 of 2009 Birmani Gope @ Birmani @ Biju Gope son of Arjun Gope resident of Mohalla Shrigarhat,P.S.Sohsarai,Dsistrict Nalanda.......Petitiner. Versus The State of Bihar .................................Opposite Party. With Cr.Misc. No.19864 of 2009 Toni Gope son of Indar Gope,resident of Mohalla SingarHat,P.S.Sohsarai,District Nalanda..........Petitioner. Versus The State of Bihar ...............................Opposite Party. With Cr.Misc. No.17447 of 2009 Bhim Gope son of Arjun Gope r/o Mohalla Singar Hat,P.S.Sohsarai,Distt.Nalanda.............Petitioner. Versus The State of Bihar ............................Opposite Party. ----------- 3. 20. 07. 2009. Heard learned counsel for the petitioners, State and the Informant. The petitioners are accused in a case for the offences punishable under Section 302 and other ancillary Sections of Indian Penal Code. It is submitted that the petitioners have not been made accused who are alleged to have assaulted the father of the informant leading to his death. It is further submitted that the informant is alleged to have informed a boy about the assault and thereafter he reached on the spot which was 2 followed by the wife of the deceased. However, the wife of the deceased during the investigation did not say that she saw the accused persons were assaulting. It is further submitted that the allegation is that the father of the informant was severely beaten and the informant reached there. However, the informant did not sustain any injury while saving his father. It has been further submitted that the petitioners Naresh Gope, Toni Gope, Birmani Gope and Bhim Gope are in custody since 01. 10. 2008, 01. 02. 2009, 05. 12. 2008 and 5.12.2008 respectively. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case as the Post Mortem report would reveal that the deceased did not sustain any external injury whereas he was alleged to have been severely beaten by Lathi and Hockey sticks. He further submits that the case is fixed for trial. Learned Additional Public Prosecutor appearing on behalf of the State opposed the prayer for bail and submits that there are allegations against all the petitioners for assaulting the father of the informant. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, petitioners, namely, Naresh Gope, Birmani Gope@ Birmani @ Biju Gope, Toni Gope and Bhim Gope are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten 3 thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 91 of 2008. SKBOSE (Shailesh Kumar Sinha)