IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42103 of 2009 1. Basudeo Sah, son of Late Shivdhari Sah. 2. Ram Babu Sah, son of Basudeo Sah, Both are resident of Village-Kuinya, P.S. ,Saraiya, District-Muzaffarpur. ………………………Petitioners. Versus The State of Bihar ………………………..Opposite Party. ----------- 4. 04. 03. 2010. Heard Mr. Vindhya Keshari Kumar, learned Senior Counsel appearing on behalf of the petitioners and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State. The petitioners are accused in a case instituted under Sections 302 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is general and omnibus allegation of assault against three accused persons including the petitioners. It is also submitted that the entire occurrence took place because of bonafide land dispute between the parties and death of the deceased had not taken place on the spot rather he was taken to Hospital for treatment and while he was referred to P.M.C.H. for better treatment he died in the way. It is also pointed out that Petitioner No. 1 is very old person aged about 75 years and to buttress the submission, he has invited the attention of this Court towards document as contained in Annexure-3 of this application. Learned counsel for the State has not pointed out any specific role assigned to the petitioners by going through the Case Diary. 2 Be that as it may, in the facts and circumstances of the case, the petitioners, namely, Basudeo Sah and Ram Babu Sah 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 S.D.J.M. (West) Muzaffarpur, in connection with Saraiya P.S. Case No. 40/2009. m.p. (Birendra Prasad Verma, J.)