IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39824 of 2010 1.NARAYAN MANDAL S/o late Gaunu Mandal 2.Khagendra Mandal S/o late Narayan Mandal 3.Mukesh Mandal S/o late Narayan Mandal All are resident of village-English, P.S.-Sabour in the district of Bhagalpur. Versus STATE OF BIHAR ----------- 2. 14.12.2010. Heard Mr.Akhileshwar Prasad Singh learned senior counsel for the petitioners and Mr. Hirday Prasad Singh learned Additional Public Prosecutor for the State. The petitioner no.1 is full brother of the deceased and petitioner nos.2 and 3 are sons of petitioner no.1. The petitioners have prayed for grant of bail. They are in custody in connection with Sabour P.S. Case No.69 of 2010 for the offences under sections 447, 341, 323, 337 and 504/34 of the Indian Penal Code. However, subsequently after the death of the injured, section 302 of the Indian Penal Code was added. Accusation against the petitioners is that due to dispute in distribution of share in the family property, the petitioner no.1 assaulted his own brother by means of Lathi along with two sons and other accused persons. It was also alleged that in the occurrence they started pelting brick bats towards the informant’s father and thereafter, due to injury he fell down. He was carried to the hospital and, thereafter, he died. It has been submitted that it can hardly be a case for the offence under section 304 of the Indian Penal Code. It was further submitted that from the first information report itself it appears that at the spur of the moment the occurrence 2 had taken place. There was no intention to murder the father of the informant. It has also been submitted that there is general and omnibus allegation. Keeping in view the nature of accusation which is general and omnibus as well as the fact that the petitioners are in custody since 26.5.2010 on their surrender, let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No.69 of 2010 (G.R. No.1016 of 2010) Md.S. ( Rakesh Kumar, J.)