IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35965 of 2010 BIRJU MISTRI & ORS Versus STATE OF BIHAR ----------- 2. 29.09.2010 Heard learned counsel for the petitioners and the State. The petitioners being the brothers of the deceased are languishing in jail custody since 24.4.2010 and 30.4.2010 in a case registered under Section 302/34 of the Indian Penal Code. The specific case of the informant is that the petitioner Birju Mistri assaulted with Farder (sharp cutting weapon) on the head of the deceased. Thereafter Ranjeet Mistri and Ajabi Mistri assaulted on the head of the informant with lathi. Though Ajabi Mistri and Chandu Mistri continued assaulting with lathi till the victim died. The post mortem report contained in Annexure-2 reflects only one substantial injury, lacerated injury on the opical frontal region whereas other injury is simply abrasion on the chest. Considering the aforesaid serious contradiction between prosecution allegation and the injury found on the victim, let the petitioners namely, (1) Birju Mistri (2) Ranjeet Mistri (3) Ajabi Mistri (4) Chandu Mistri be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 96 of 2010. Anand Kr. ( Dinesh Kumar Singh, J.)