IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35719 of 2009 1. Shiv Sah, Son of Madan Sah. 2. Prayag Sah, Son of Late Jahuri Sah. Both resident of Village Dubba, P.S. Sono, District Jamui. ------- Petitioners Versus The State of Bihar --------- Opposite Party ----------- 2 28.10.2009 Heard Mr. N.K. Agarwal, learned senior counsel for the petitioners and counsel for the State. Though the allegation under Section 302 of the Indian Penal Code would be made out only because of subsequent death of the informant, injured in an occurrence which is said to have taken place three days earlier but the same version would also make the petitioner entitled for grant of bail, inasmuch as, the assault by pelting of stones on the chest or assault by lathi on the leg would not be even suggestive to be sufficient for causing death of the informant. The informant, in fact, had himself claimed in the F.I.R. that he could escape an attempt on his life due to sudden intervention and arrival of his son on the scene. In such circumstances, the petitioners who are in custody since 4.5.2009 and have no 2 criminal antecedent, would be entitled for grant of bail taking into account that there is an omnibus allegation against the five persons including the petitioners of assaulting the informant. That being so, both the petitioners, namely, Shiv Sah and Prayag Sah are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Sono P.S. Case No. 47 of 2009, subject to the condition that the petitioners shall remain present in course of trial and their absence on two consecutive dates in such trial shall entail the automatic consequence of cancellation of their present bail. Rsh (Mihir Kumar Jha, J.)