IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11481 of 2009 UMA SHANKAR PRASAD,s/o Raj Mohan Prasad, S.D.P.O.,Chakia Subdivisional at Chakia, P.S.-Chakia,District-East Champaran. Versus STATE OF BIHAR with Cr.Misc. No.11627 of 2009 1. BIPIN SINGH,son of Punyadeo Singh,resident of village-hazipur,P.S.- Kesaria,District-East Champaran at Motihari. 2. Rabindra Dubey @ Lulha Dubey,son of late Thakur Dubey,resident of village- Gavindri,P.S.-Kesaria,District-East Champaran at Motihari. Versus STATE OF BIHAR ----------- 02/ 17-04-2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that police was behind the deceased only to arrest; otherwise it has no concern with the deceased, rather it were villagers, who had some grudge. Really, they caught the deceased and brutally assaulted. Police brought him to police station. He was kept in Hazat. According to the learned counsel, though there is allegation regarding assault by the police personnel in Hazat but they have been shown array at serial nos.1 to 10, while petitioner of Cr.Misc.No.11481/2009 is Dy.S.P. and petitioners of Cr.Misc.No.11627/2009 as members of the police party without any overt act, rather they have been shown their having conspiracy in exonerating other police officials for remaining there in official capacity. Injured was taken to hospital, after death post-mortem was conducted and how it can be imagined that Magistrate and Doctor were conspired to favourable report. Moreover, there can be no 2 favourable report as admittedly deceased was brutally assaulted either by the villagers or police officials, who are not the petitioners. In any case prayer made on behalf of the petitioners cannot be refused. I agree with the submission. In case of arrest or surrender within one month from today in Complaint Case No.C-947/2002, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran (in Cr.Misc.No.11481/2009) and to the satisfaction of Sri L.B.Singh, Judicial Magistrate, Ist Class, Motihari (in Cr.Misc.No.11627/2009), subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )