IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43652 of 2009 1. MURARI PATHAK. 2. GIRDHARI PATHAK. 3. VIKKY PATHAK. ALL THE SONS OF DINESH PATHAK, RESIDENT OF VILLAGE MAFI, P.S. WARISALIGANJ, DISTRICT-NAWADA…………………PETITIONERS. Versus THE STATE OF BIHAR……………OPPOSITE PARTY. ----------- For the Petitioners: Mr. Rajesh Ranjan Kumar, Advocate. For the State : Mr. Bipin Kumar, A.P.P. For the Informant : Mr. M.A. Shamshi, Advocate. --------- 2. 10.12.2009. Heard learned counsel for the petitioners, the learned A.P.P. for the State and the learned counsel for the informant. The petitioners are accused in a case registered under Sections 452, 341, 302 and 379/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the allegation of assault upon the head of the deceased is against the co-accused Dinesh Pathak, however, thereafter the petitioners had also allegedly assaulted the deceased but that allegation is general and omnibus against all the petitioners. The cause of death in the Post-Mortem Report has been given head injury sustained by the deceased due to hard and blunt substance. It has also been - 2 - submitted that there is admitted land dispute between the parties due to which the petitioners have been falsely implicated in this case. It is further submitted that when the deceased after receiving injury proceeded to the hospital his ambulance met with an accident and he died. For the said occurrence, Harnaut Police Station Case No.156 of 2009 under Sections 279, 337 and 427 of the Indian Penal Code had also been lodged. Learned A.P.P. for the State submitted that it is manifest from the First Information Report itself that the co-accused, Dinesh Pathak, has assaulted the deceased on his head by iron rod due to which he fell down and thereafter the petitioners also assaulted him. Having regard to the facts and the circumstances of the case, the petitioners, namely, (1) Murari Pathak, (2) Girdhari Pathak and (3) Vikky Pathak, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Warisaliganj P.S. Case No.117/2009. P.S. (Dr. Ravi Ranjan,J)