IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38818 of 2010 KANHAIYA SAH & ANR Versus STATE OF BIHAR ----------- 2. 27.10.10. Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 07.09.2010 in a case registered under Sections 147, 148, 323, 325,307 and 302 of the I.P.C. It is alleged that the informant’s father went to collect money from Mathura Sao when six persons including these two petitioners assaulted. The post mortem report reflects injury no. I as grievous i.e., fractured at occipital bone on left side at skull whereas injury no.2 is only diffused swelling over left arm and injury no. III is diffused swelling with abrasion over dorsum of left hand. Annexure-2 has been brought on record to suggest that the genesis of occurrence becomes doubtful in view of the fact that the deceased executed an agreement to sell the land to one Mathura Sao for which Mathura Sao advanced Rs, 3,00,000/- to the deceased. Considering the fact that there is 2 general allegation of assault by six persons whereas post mortem reflects only one vital injury to the victim, let the petitioners Kanhaiya Sah and Pyare Sah 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 learned C. J. M. Kaimur at Bhabhua in connection with Durgawati P.S. Case no. 100 of 2010. U.K. (Dinesh Kumar Singh,J.)