IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8764 of 2009 Punam Devi, wife of Bidhichand Mochi, resident of village-Narauli, P.S.-Sigori, District- Patna. . . . . . .Petitioner. Versus STATE OF BIHAR WITH Cr. Misc. No.13505 of 2009 1. Lal Bahadur Mochi, Son of late Hasan Mochi & 2. Bidhichand Mochi, son of Lal Bahadur Mochi, Both residents of village-Narauli, P.S.-Sigori, District- Patna. . . . . . .Petitioners. Versus STATE OF BIHAR ----------- 2/ 11.05.2009 Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered for the offences under Section 302/34 of the Indian Penal Code. The informant’s father Shyam Nandan Mochi tried to pacify the dispute but he was assaulted by the petitioners. He was pushed down and killed. Submission is that the petitioners were not armed even with a stick and there was no intention or knowledge, so the case does not come under Section 302 of the Indian Penal Code. It was a case of sudden provocation. Considering the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand), each, with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur / concerned court in connection with Sigori P.S. case no. 36 of 2008. Uday/ (Shyam Kishore Sharma, J.)