IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36711 of 2010 1.NUNULAL SAHNI son of late Ram Khelawan Sahni 2.Sulo Sahni 3.Sikandar Sahni 4.Rabindra Sahni, Petitioner no.2 to 4 are sons of Nunulal Sahni All resident of village-Gachhi Tola, Chandpura, P.S.-Neema Chandpura, Dist-Begusarai Versus THE STATE OF BIHAR ----------- 3. 7.12.2010. Heard Mr. Rai Mukesh Sharma, learned counsel for the petitioners and Mrs.Shaheen Begum, learned Additional Public Prosecutor appearing on behalf of the State. Four petitioners, who are in custody in connection with Neema Chandpura P.S.Case No.42 of 2010 for the offences under section 302 and other allied sections of the Indian penal Code, have prayed for grant of bail. Accusation against the petitioners is that they along with other five accused persons entered into the house of the informant armed with Lathi and bamboo. Thereafter, they abused the informant and started assaulting him. In the meanwhile one Sumalal Sahni and Uttam Devi tried to intervene. However, they were also brutally assaulted. Subsequently, they were carried to the hospital and during treatment injured Uttam Devi died and, accordingly, section 302 of the Indian Penal was added. Initially, first information report was lodged for the offences under section 307 and other allied sections of the Indian Penal Code. Learned counsel for the petitioners, while pressing 2 the present petition, submits that in the present case the petitioner no1 has also filed first information report against the informant side which has been numbered as Neema Chandpura P.S. Case No.43 of 2010 for the offences under section 307 and other allied sections of the Indian Penal Code. In the said first information report petitioner no.1 is the informant in which informant of the present case was also one of the accused. Learned counsel further submits that it was alleged that all the nine accused persons brutally assaulted the deceased but in the postmortem examination only one injury was found on the persons of the deceased. Accordingly, it has been prayed to extend the privilege of bail to the petitioner. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer of the petitioner. It was submitted that number of witnesses have supported the prosecution case. Keeping in view the nature of allegation as well as the fact that there were case and counter case and also postmortem report, let all the four petitioners named above 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, Begusarai in connection with Neema Chandpura P.S. Case No.42 of 2010. Md.S. ( Rakesh Kumar, J.)