IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29687 of 2008 1. VIJAY YADAV, Son of Janki Yadav, 2. Damodar Yadav @ Ramautar Yadav, 3. Siya Yadav, Both son of Dasho Yadav. :----- Petitioners. Versus STATE OF BIHAR:------Opposite Party ----------- For the Petitioners :Mr. Mukul Prasad, Advocate. For the Opposite Party : Mr. Nitya Nand Tiwari, A.P.P. ====== 4. 03.12.2008. Heard learned counsel for the petitioners and the State. Petitioners are accused in a case under Section 302 and other allied Sections of the Penal Code. They are named in the First Information Report along with five others and it is said that Petitioner Nos. 1 and 3 along with Munshi Bhuiyan and Muni Lal Bhuiyan caused injury on the person of the brother of the informant by means of lathi and he later succumbed to the injuries. In the circumstances, at this stage, prayer of Petitioner Nos. 1 and 3, namely, Vijay Yadav and Siya Yadav for grant of bail is rejected, however, considering the fact that there is omnibus allegation of assault by them with lathi they are at liberty to renew prayer for bail after completing one year in jail custody. So far petitioner no.2, Damodar Yadav @ Ramautar Yadav is concerned, he is not alleged to have assaulted the deceased. In the circumstances, he is directed to be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S.Case No. 35 of 2008 as he is in jail custody since 24.03.2008. P.K.P. (V.N.Sinha,J.)