IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40027 of 2008 1. MD.ALAM 2. NOOR MOHAMMAD 3. MD. MINAZUL @ MINHAZUL Versus THE STATE OF BIHAR ----------- 3. 17.12.2008 Heard Sri Ajay, Advocate for the petitioners and Sri D. Mehta, APP for the State. The three petitioners are named in the FIR. The allegation against the petitioner Md. Alam is that he assaulted the deceased with lathi on his back, petitioner Noor Mohammad is alleged to have assaulted the deceased on both of his hands with lathi, whereas petitioner Md. Minazul @ Minhazul is alleged to have dealt a couple of blows on the face of the deceased with the butt of a country made gun. Accused Md. Kalam is alleged to have given a blow with the butt of his gun on the abdomen of the deceased. It is alleged by the deceased that accused Md. Kalam mounted on his chest and gave a good thrust to him as a result of which his chest bones were broken. There is a support of the incident in a general manner from different witnesses. The photo copy of the injury report Md. Salauddin is attached to the case diary and there appears twelve - 2 - injuries on the body of the deceased. There are some injuries in the form of abrasions and lacerations on several parts like arms, ankle joint and thigh of the deceased. The photo copy of the post-mortem examination report is also attached to the case diary and it is revealed that the doctor holding the post-mortem examination report found as many as 12 injuries on the dead body. The cause of death as per the doctor was the injury on the chest wall caused by heavy hard blunt substance and that injury is at serial no. 9 of the external examination part of the report, which was a contusion on left side anterior chest wall 5” x 1 ½” lower part. The other injury, i.e., injury no. 8 was an abrasion on right side of anterior chest wall of the size 1” x 1/2". On dissection the doctor found the fracture of 4th and 5th ribs on the right side of the chest wall and that had caused laceration in the lungs, which ultimately caused the death of the deceased. That injury is assigned to the assault of accused Md. Kalam. As regards the three petitioners, their assault does not appear to be the cause of death. In that view of the matter, let all the three petitioners, named above, be released from custody on - 3 - furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Allauli P.S. Case No. 56 of 2008. DKS/ (Dharnidhar Jha, J.)