IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11594 of 2009 1. KESHI CHANDRABANSHI 2. TUPHANI CHANDRABANSHI --- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 3 27.07.2009 Heard both sides. Two petitioners seek bail in a case instituted under Sections 147,148,149, 364, 302 and 120B of the Penal Code. Complaint, relating to the occurrence that had allegedly taken place on 15.06.2005, was lodged on 30.06.2005, in which altogether 12 accused persons including the petitioner were named with an allegation that they took away the cousin brother of the informant, and thereafter, all of them assaulted him indiscriminately, as a result whereof, he died. Learned counsel for the petitioners submits that on 16.06.2005 an F.I.R. was lodged by petitioner no.2, namely Tuphani Chandrabanshi, under Sections 379 & 511 of the Penal Code relating to an attempt of commission of theft of pumping set of the petitioner no.2. Referring to the said F.I.R. (annexure- 2), it is contended that it has been disclosed therein that as the deceased was captivated while escaping with the pumping set he was thrashed by the co-villagers that had assembled there soon after the occurrence. He further draws attention of the court to annexure-3, which is yet another F.I.R. lodged on 16.06.2005 by the local village chowkidar against 150 unknown accused 2 persons. It is contended that he has stated therein that one person while attempting to commit theft was captivated by a host of villagers and was assaulted indiscriminately, subsequently, resulted in his death. Learned counsel for the petitioners submits that the police on the basis of facts appearing from the records submitted final form as the present case was not found true. The court, subsequently, differing with the final form has taken cognizance. It is further submitted that they are in custody since 07.02.2009. In the facts and circumstances of the case, petitioners named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri P.S. Case no. 195 of 2008. Sym/ (Kishore K. Mandal, J.)