IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22867 of 2009 Suresh Yadav, son of late Jhagru Yadav, resident of village – Pitambar Pur, P S – Fatuha, District – Patna -Petitioner Versus State of Bihar -Opposite Party W I T H Cr Misc No 32053 of 2009 Pappu Ravidas, son of late Ram Varan Ravidas, resident of village – Pitambarpur, Police Station – Fatuha, District – Patna -Petitioner Versus State of Bihar -Opposite Party ----------- 2 08.09.2009 The petitioners, in both these two applications, apprehend arrest in Fatuha Police Station Case No 115 of 2009 which was instituted under Sections 302/34 of Indian Penal Code. The informant has alleged that while he was returning home with his son, the petitioners including other persons named in the first information report and some other persons started assaulting them with lathi and bhala. They then dragged informant’s son to the house of Ex-Pramukh where informant’s son was brutally assaulted as a result of which he died. It is submitted that police, upon investigation, while submitting chargesheet against 2 persons and continuing with investigation in respect of other persons, has submitted chargesheet under Section 304/34 of Indian Penal Code on the ground that in fact the deceased was caught by the villagers in the act of cattle lifting and the villagers thrashed him as a consequence whereof he died. Part of this fact is also noticed by the learned Sessions Judge in his order. Be that as it may, if the petitioners abovenamed 2 surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patnacity in Fatuha Police Station Case No 115 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)