IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28404 of 2010 KALLU MISTRY @ PINTU & ANR Versus STATE OF BIHAR ---------- 03/ 01.12.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State assisted by learned counsel for the informant. Allegedly, petitioners along with several other accused persons assaulted the deceased and informant with dagger, broken bottle, Betali as a result of which informant’s brother sustained injury and died in course of his treatment. The contention of the learned counsel for petitioners is that no specific overt act has been attributed against these petitioners and moreover, there is counter case in which allegedly prosecution party assaulted petitioner no.1 who sustained injury in the aforesaid occurrence. Perusal of the post mortem report, annexure 4 of this petition, reveals that deceased sustained three incised wounds said to be caused by sharp cutting pointing object but in absence of specific allegation, it is very difficult to ascertain as to who had given the aforesaid blow. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioners (Kallu Mistry @ Pintu and Chittu Mistry @ Chintu Mistry) are directed to be released on bail in connection with Kadamkuan P.S. Case no. 138 of 2010 on furnishing bail bond of Rs 10,000-/ with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna. shahid (Hemant Kumar Srivastava,J)