IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32358 of 2008 KAULESHWAR PASWAN & ANR Versus STATE OF BIHAR For the Petitioners:- Mrs. Soni Srivastava, Advocate For the State:- Mr. J.S.P. Singh, A.P.P. ----------- 3 19.8.2008 Heard learned counsel for the petitioners and learned counsel for the State. Case is registered under Sections 147, 148, 149, 341, 324, 307, 323 and 302 of the Indian Penal Code. Allegation is that about eleven named and three unnamed persons assembled and assaulted the deceased with lathi and others, causing his death. The application of the petitioners for bail was earlier rejected by order dated 6.2.2008 by a Bench of this Court. However, it is stated that the application was rejected with observation that the same is “ dismissed for the present”. Submission on behalf of the petitioner is that the allegations are omnibus in nature of assault by about 15 persons. Petitioners are in Jail custody since 14.6.2007. Cause of the occurrence is admittedly due to some land dispute between the parties. Since the petitioners and others were armed with lathi, it is submitted that there was no intention to kill the deceased. Learned counsel for the State submits that deceased was murdered by 14-15 persons due to assault by lathi. In the facts and circumstances of the case and in view of the submission made on behalf of the parties, I direct the petitioners - 2 - namely, Kauleshwar Paswan and Chamru Paswan to be released 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 Additional Chief Judicial Magistrate, Barh in connection with Ghoshwari P.S. Case No. 28 of 2007. P.K. (Dr. Ravi Ranjan, J.)