IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14790 of 2011 1. Nagina Rai, son of Late Baiju Rai. 2. Surendra Rai, son of Nagina Rai. 3. Nand Kishore Rai, son of Late Baiju Rai 4. Bhagya Narain Rai, son of Sri Ram Nath Rai. 5. Ram Pravesh Rai, son of Late Fulena Rai. All resident’s of Village – Gopalganj, P.S.- Sahebganj, District – Muzaffarpur. ……..Petitioners. Versus THE STATE OF BIHAR ----------- 2 06.06.2011 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. Petitioners are accused in the case which was initially registered under Sections 307 and some other Sections of the I.P.C. Subsequently, after death of the injured Section 302 of the I.P.C. was added on 08-12- 2010. Allegation is that seven named accused persons formed unlawful assembly, and committed various offences. Further allegation is that petitioner no. 2, Surnedra Rai gave farsa blow on the head of Bengali Rai, father of the informant, as a result of which Bengali Rai after sustaining injury, fell down. Attention has been drawn towards Annexure-2 and has submitted that the doctor who had conducted the autopsy of the deceased found sole injury which was caused not by sharp cutting instrument. So it appears that the informant is hearsay witness of the occurrence. 2 Considering the facts and circumstances of the case, the petitioner, (1) Nagina Rai (2) Surendra Rai (3) Nand Kishore Rai (4) Bhagya Narain Rai and (5) Ram Pravesh Rai are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in connection with Sahebganj P.S. Case No.203 of 2010. PN (Shyam Kishore Sharma,J.)