IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16636 of 2011 Sushil Chaudhary, S/O-Jamun Chaudhary Versus The State Of Bihar with Cr.Misc. No.18952 of 2011 Sanjay Chaudhary, S/O-Jamun Choudhary Versus The State Of Bihar ----------- 3 03.11.2011 Both the above stated petitions arise out of Mahnar P.S. Case No. 79 of 2010 registered under Sections 323, 302/34 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel appearing for the informant. Allegedly, on account of land dispute petitioner in Cr. Misc. No. 18952 of 2011 gave one spade blow on the head of the deceased as a result of which deceased died on the spot. Learned counsel appearing in Cr. Misc. No. 16636 of 2011 submits that no specific overt-act has been attributed against the petitioner Sushil Chaudhary. Learned counsel appearing in Cr. Misc. No. 18952 of 2011 submits that admittedly, the alleged occurrence took place on account of land dispute and, as a matter of fact, there was no intention of the petitioner to kill the deceased and furthermore, the post-mortem report reveals that deceased had sustained injury on his head said to be caused by hard and blunt substance and not by the spade and 2 moreover, petitioner is in jail custody since 16.07.2010 i.e. for more than one year. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 79 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)