IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13241 of 2010 1. Sanjay Kumar 2. Pappu Kumar @ Jitendra Singh. Both are sons of Rajendra Singh, resident of Village- Makhdumpur, P.S. Makhdumpur, District-Jehanabad. …….Petitioners. Versus The State of Bihar ………………………Opposite Party. For the petitioners :- Mr. Nagendra Kumar Singh,Advocate. Mr. Binoy Kumar Singh, Advocate. For the State :- Mr. J. K. Singh, A.P.P. ----------- 2. 13. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 323, 353, 379 and some other allied offences of the Indian Penal Code, the petitioners and other accused persons are alleged to have assaulted the informant, who is a Doctor of Referal Hospital, Makhdumpur, on the charge that he did not attend the patient, as a result of which he died. During the course of investigation, accusations against the petitioners were not supported by the independent witnesses and therefore, charge sheet was submitted against two other co-accused persons on 23. 02. 2010, vide Annexure-2, but the petitioners were not sent up for trial. However, learned Magistrate disagreed with the Police report and has taken cognizance against the petitioners also. Be that as it may, in view of the fact that petitioners were not charge sheeted by the Police in the present case and the entire occurrence is said to have taken place because of death of a 2 patient, since the informant did not give immediate medical aid to him, in that view of the matter, in the event of their arrest/surrender in the court below in connection with Makhdumpur P.S. Case No. 21/2010, within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)