IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22326 of 2009 UPENDRA MANDAL, S/O LATE DURGA MANDAL, R/O VILLAGE- SHAMBHUGANJ, P.S.-HARPUR, DISTRICT-MUNGER. ……………PETITIONER. Versus THE STATE OF BIHAR ……………OPPOSITE PARTY. ----------- 2 07.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 302/34 of the Indian Penal Code. From the FIR, it appears that the Kunj Bihari Mandal and Lal Bihar Mandal were actual assailants who assaulted the deceased with farsa and kudal respectively. The allegation against the petitioner is of holding the deceased. The F.I.R does not show that this petitioner was having any weapon in his hand. Petitioner is in custody since 27.10.2008. Considering the fact that the actual assailants were Kunj Bihari Mandal and Lal Bihar Mandal, the application is allowed. Let petitioner, namely, Upendra Mandal be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Harpur P.S. Case No. 22 of 2008. Arvind/ (J. N. Singh, J.)