IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6915 of 2008 AMIT KUMAR @ RANTU & AJIT KUMAR @ MANTU Versus THE STATE OF BIHAR With Cr.Misc. No.9574 of 2008 CHINTU @ PINTU @ SANTU @ PINTU KUMAR Versus THE STATE OF BIHAR ----------- 5. 25.8.2008 Heard. It is alleged that as per paragraph 4 of the case diary which is main plank of submission of the learned counsel for the informant is in two parts that all the accused persons were catching hold of the deceased Vinod Kumar Gupta and were assaulting him with Chhura, Katta, Gupti and iron rods on his back and waist. The further statement of the witness in paragraph 4 is that at the orders of lady accused Shakuntala Devi the three petitioners in the two petitions dealt blows after catching hold of his head with Chhura and a blunt and Gupti. This actual position is not improved by making specific allegation and statements of any witness as to whose blows fell at what part of the body. The postmortem examination report is copied in paragraph 60 of the case diary and that bears the description of five injuries out of which - 2 - three were punctured one was abrasion and injury no.1 was a lacerated wound measuring 4”x1/2”x bone and brain matter deep and the left parietal bone of skull was fractured with parietal bone. Brain material was oozing out from the fractured site. This has been opined to be the cause of death but there is no specific allegation as to whose assault could be the cause of death. There was initial story also of dealing blows against many accused persons. One accused Shambhu Prasad is alleged to have given a sword blow. Accused Pandit @ Sanjeet Kumar Mishra is alleged to have pierced the Chhura in the stomach of the deceased. The corresponding injuries could be recorded by the doctor in paragraph 60 of the case diary and one such injury could be very serious inasmuch a punctured wound was found on the left side, ½”x2 and ½” deep below the nipple. The third punctured wound was ½” away from the above injury. The contention is that accused Shambhu Prasad has been granted bail by a Bench of this court in Cr.Misc.No.44795 of 2007. - 3 - The FIR does not contain any specific allegation. The statement of the witnesses also does not specify it, considering which, let the above named three petitioners be released from custody on furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in Piro P.S.Case no.174 of 2003. B.Kr. ( Dharnidhar Jha, J. )