IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38548 of 2009 1. Manju Sahu @ Manoj Kumar Sahu, Son of Late Hari Lal Sahu. 2. Mahabir Mandal, Son of Late Nathuni Mandal. All are resident of Village Navtoli, P.S. Laukahi, District Madhubani. ---------- Petitioners Versus The State of Bihar ------- Opp. Party ----------- 2 12.11.2009 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioners and counsel for the State. The petitioners are facing prosecution for an offence under Section 302, 120-B/34 of the Indian Penal Code. It is alleged that the petitioners have assaulted the nephew of the informant, namely, Bechan Mandal as a result whereof, he had become injured and subsequently, in course of treatment, he was also declared dead. Mr. Ajay Kumar Thakur, learned counsel for the petitioner would submit that the First Information Report itself establishes that there was a land dispute and in fact the land belonged to the petitioners. He would further submit that there is no allegation of assault by the petitioner no.2 even when it is said that he was armed with gun. He would also expand his submission by stating that though the petitioner 2 no.2 is said to have indiscriminately assaulted by pelting stone, no corresponding injury has been found either by the police in course of preparation of the inquest report or even by the doctor conducting postmortem. He would, therefore, conclude his submission by saying that since the petitioners have also got no criminal antecedent, their false implication in this case on account of admitted land dispute is quite obvious on the face of record. This Court would find that even if the land dispute is not taken into account for the purposes of bail, the deceased Bechan Mandal had no external injury except the bleeding nasal injury. The pelting of stone, therefore, as suggested by the prosecution and alleged against the petitioner no.1 also pales into insignificance, inasmuch as, if he had given only one injury by stone on the nose of the deceased, he cannot be held to be prima-facie guilty. Moreover for committing murder of the deceased there is allegation in the First Information Report that he had caused number of injuries on the head and body of the deceased by pelting stone, a fact which has not been found to be 3 correct by the doctor. In any event the only allegation against the petitioner Mahabir Mandal is of being the order giver and no specific overt act has been alleged against him. Considering these aspects, this Court is inclined to grant bail to both the petitioners, namely, Manju Sahu @ Manoj Kumar Sahu and Mahabir Mandal on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur in connection with Laukahi P.S. Case No. 32 of 2009. It is, however, made clear that one of the bailors must be close family relative of the petitioners and further, the petitioners must remain physically present in course of trial and their continued absence even for two consecutive dates in course of such trial shall automatically lead to cancellation of their present bail. Rsh (Mihir Kumar Jha, J.)