IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34413 of 2010 1.UMESH RAI 2.Binod Rai Both sons of Sitaram Rai 3.Sitaram Rai son of Late Chulhai Rai All resident of village-Sapgadha, P.S.-Chirraiya, Dist.-East Champaran. Versus THE STATE OF BIHAR ----------- 3. 23.2.2011. Heard Mr. Mahendra Thakur, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor. The three petitioners, who are in custody in connection with Chiraiya P.S. Case No.13 of 2010, have prayed for grant of bail. The case was initially lodged for the offence under sections 341, 323, 324 and 307/34 of the Indian Penal Code and subsequently section 302 of the Indian Penal Code was added. In the case, there was specific allegation against one Akhilesh Rai, who gave spade blow on the head of the son of the informant. Against the petitioners, there is allegation of assault by fists and slaps. Learned counsel for the petitioners submits that the occurrence has taken place on 18.1.2010 and the first information report was lodged on 27.1.2010. The injured, subsequently, succumbed to the injury and, thereafter, section 302 of the Indian Penal Code was added by order of the court dated 4.2.2010. It was further submitted that as per the postmortem examination only one incised injury was found on the persons of the deceased. Learned Additional Public Prosecutor opposed the 2 prayer for bail of the petitioner. It was submitted that during investigation material had come to suggest that the petitioners also used spade. In view of the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Chiraiya P.S. Case No.13 of 2010. Md.S. ( Rakesh Kumar, J.)