IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13811 of 2009 MUNNA SINGH Versus STATE OF BIHAR With Cr.Misc. No.15386 of 2009 Karu Singh vs. State of Bihar 3 17.6.2009 Heard the learned counsel for the parties. The petitioners are accused in a case under section 302/34 of the I.P.C. and 3(2) (v) of the SC and ST (Atrocities of Harizan) Act. The informant learnt that his father was being assaulted at Dallu Chawk. On hearing the above information he rushed to the chowk where he saw these two petitioners along with one Dabloo Singh, Sri Kant Singh brother of Niwas Singh and two other unknown persons having variously armed assaulting his father. The learned counsel submits that it would appear from the post mortem examination report that the deceased sustained only one injury whereas many persons had assaulted the deceased. He further submits that Dabloo Singh has already been allowed bail vide Cr.Misc. No.1627/09 disposed of on 5.3.2009. He submits that the police submitted even final form against co-accused Sri Kant Singh.He submits that as per the statement of Jyoti Kumari the informant could not have seen the assailants. He further submits that in any case his case is similar to co-accused, namely, Dabloo Singh who has been allowed bail by a bench of this Court. The petitioners are in custody since 22.12.2008. 2 In the circumstances, the petitioners, Munna Singh and Karu Singh are directed to be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Sheikhpura in Sheikhpura P.S. Case No.166/08 with condition that one of the bailers would be a public servant and they would not physically absent themselves from the court below for two consecutive dates till four witnesses are examined in the trial. Anilkrsinha (Samarendra Pratap Singh, J.)