IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4441 of 2008 INARDEO RAI @ INDRADEO RAI & ORS Versus THE STATE OF BIHAR ----------- 3 16.05.2008 This is an application for the grant of regular bail in a case initially instituted under Section 307 with the allied Sections of the I.P.C. Subsequently, the informant succumbed to the injury and the offence under Section 302 of the I.P.C. was added. Altogether ten persons have been made accused in this case. Learned lawyer for the petitioner refers to the F.I.R. and submits that there is specific allegation against the accused Gagandeo Rai, Bidyanand Rai and Sakaldeo Rai who have assaulted the informant with his sword on the head, with a Farsa in the back and with a spear against them respectively. He submits that the allegation against the other accused persons is of giving assault by Lathi. He, therefore, submits that the petitioners at best assaulted to the deceased with Lathi. He further submits that the petitioners are not responsible for causing the death. So, he prays for the grant of bail. Learned State counsel after perusal of the case-diary submits that the deceased has got 8 injuries, out of which 6 injuries are bruise caused by hard and blunt substance i.e., Lathi. From perusal of the injury report it appears that the injuries of bruise was caused by the petitioners and as per the P.M. report the cause of death was said to be of injury No.1 which is incised wound 2”x1/4”x1/4” on left scapulae region of skull. The petitioners namely, - 2 - Indradeo Rai, Ram Prasad Rai and Dharmendra Rai, who are in custody from 6.11.2007 are directed to be released on bail on furnishing bail bond of Rs.10, 000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., East Champaran at Motihari in connection with Mehasi P.S. Case No.94 of 2007. Mkr. (Aanwar Ahmad, J)