IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4028 of 2008 BIREN RISHIDEO @ BIREN RISIDEO & ANR Versus THE STATE OF BIHAR ----------- 2 9.5.2008 Heard Counsel for the petitioner and the A.P.P. representing the State. This is an application for bail of the petitioners Biren Rishideo @ Biren Rishideo and Udaichand Risideo for offence under Section 302, 201, 120B/34 of the Indian Penal Code (I.P.C.). Counsel for the petitioner submits that though the case was initially filed under Section 302 and allied offences but the police had ultimately submitted a charge-sheet under Section 304 I.P.C. as in course of investigation it was found that the assault was made by a number of persons including the petitioners not with a premeditated mind to kill the deceased who in fact succumbed to the injuries on his person after four days. It has further been stated that there has been no direct allegation against the petitioners of killing the deceased rather it has come in the case diary that everyone had assaulted him by fist and blows and in fact the same led to death of the deceased after four days. Counsel for the petitioners also submits that the petitioners have no criminal antecedent and are in jail since 19.9.2007. Taking into consideration that the First Information 2 Report was lodged after ten days of the alleged occurrence as also the fact that the charge-sheet has been submitted ultimately under Section 304 of the Indian Penal Code, the petitioners Biren Rishideo @ Biren Risideo and Udaichand Risideo are directed to be released on bail in connection with Kursakanta (Kuari) P.S. Case No. 102 of 2007 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria. It is made clear however that one of the bailers must be either mother or wife of the petitioners. Rsh (Mihir Kumar Jha, J.)