IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13439 of 2011 1. Chandan Ram @ Chandan Kumar Ram, son of Raj Kumar Ram @ Rajendra Kumar Ram. 2. Raj Kumar Ram @ Rajendra Kumar Ram son of Khopri Ram @ Ram Pradeep Ram. Both resident of Village-Nista, P.S.-Suryagarha, District-Lakhisarai. …Petitioners. Versus The State of Bihar. …. O.P. ----------- 4. 20.09.2011 Heard learned counsel for petitioners as well as learned Additional Public Prosecutor for State. Petitioners are in jail custody since 06.12.2010 in a case initially registered under Sections 323,325,307, 504/34 of the I.P.C. on 05.12.2010 but subsequently, Section 302 of the I.P.C. was added on 07.12.2010. Allegedly, petitioners gave lathi blow on the head of the deceased at the instigation of co-accused as a result of which the deceased sustained injury on head. The contention of learned counsel for petitioners is that the fard beyan of the informant is itself anti-dated. To fortify his contention, he drew my attention towards Annexure-1 of supplementary affidavit and submitted that the dead body challan of the deceased was prepared on 06.12.2010 but the aforesaid dead body challan did not contain the police number whereas as per prosecution case, the present case has already been lodged on 05.12.2010. It is further pointed out by him that the F.I.R. was also put up before C.J.M., Lakhisarai on 06.12.10 and on the 2 same day petitioners were remanded in the present case. Para 32 of the case diary contains the contents of post-mortem report. It appears from perusal of the aforesaid paragraph that three injuries were found on the person of the deceased and out of the aforesaid injuries only one injury was found on left front of parietal region of skull whereas rest two injuries were found on left eyelid and both nostril. Therefore, it is manifest from the aforesaid post-mortem report that only one injury was found on the head of the deceased whereas as per prosecution case two persons gave lathi blows on the head of the deceased. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Suryagarha P.S. Case No. 227/2010. Kamlesh (Hemant Kumar Srivastava, J.)