IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17649 of 2008 SURENDRA SAH & ANR Versus THE STATE OF BIHAR ----------- 2. 15.5.2008 This is an application for grant of regular bail in a case initially instituted under section 307/34 and allied sections of the Indian Penal Code. Subsequently, offence under section 302 of the Indian Penal Code was added. The informant Sanjay Sah lodged a first information report alleging therein that the petitioners armed with Nepali Khukhari and iron rod came and assaulted him with iron rod on the head due to which he fell down. The petitioner, Bhushan Sah, assaulted with Khukhari and as a result three fingers of his left hand were cut. His father Raghunath Sah rushed to rescue him, thereupon Surendra Sah assaulted Raghunath Sah with iron rod on the head and as a result he fell down and became unconscious. Subsequently, Raghunath sah during the course of treatment succumbed to the injury. Learned counsel for the petitioners submits that the petitioner Bhushan Sah is said to have assaulted the informant with Khukhari cutting three fingers of his left hand but as per the injury report two laceration wounds on ring finger and middle finger nuscle deep were found. He, therefore, submits that the allegation of assault against the petitioner Bhushan Sah by Khukhari cutting three fingers is not corroborated by the injury report. He further submits that the petitioner Surendra Sah is said to have assaulted the father of the informant with iron rod on the head and as per the injury report one lacerated wound 1”X ¼” X muscle deep with swelling was found on 2 the occipital region of the scalp. He, therefore, submits that as per the injury report and the allegation also, no offence under section 302 of the Indian Penal Code is made out. He, therefore, prays for grant of bail. Learned counsel for the informant while opposing the bail application submits that both the accused persons have assaulted the informant and further the accused Surendra Sah assaulted the father of the informant with iron rod on the head and as a result his father succumbed to the injury during the course of treatment. So, he prays for rejection of the bail petition. From perusal of the postmortem report it appears that there was only one injury on the head of Raghunath Sah, father of the informant, and that was opined to be the cause of death. On consideration of the above discussions,I am of the view that the petitioner, Surendra Sah does not deserve bail. Accordingly, the prayer for bail of Surendra Sah is rejected. So far as the petitioner, Bhushan Sah, is concerned, he (Bhushan Sah) is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran, in connection with Bettiah Muffasil P.S.Case No.17 of 2008. Md.S. (Anwar Ahmad)