IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12257 of 2008 GOPI BIND @ KILO BIND & ANR Versus STATE OF BIHAR With Cr. Misc. No. 14229 of 2008 RAM DHYAN BIND Versus STATE OF BIHAR ----------- 2 6.5.2008 Heard both sides. Both applications, arise out of the same police station being Bhabua P.S. case no. 230/07, have been instituted under sections 341, 323, 302 114/34 of I.P.C.. They have been heard together and are being disposed of by the present order. As per F.I.R., co-accused Indal Bind is said to have inflicted injury on the head of the deceased with ‘lahbanda’ whereafter general allegation has also been levelled against the petitioners that they have also assaulted the deceased with lathi. Counsel for the petitioners, referring to the post mortem report (Annexure-2 to Cr. Misc. N0. 12257/2008), submits that Doctor found only one head injury which was cause of death. Referring to paragraph no. 7 of the bail application it has been submitted that some other accused have also been released on bail. On consideration of the materials on record, this Court is of the view that the main assailant is Indal Bind. There is general and omnibus allegation of assault by lathi against these petitioners which is/are not supported by the post mortem report. In the facts and circumstances of the case, let petitioners - 2 - namely Gopi Bind @ Kilo Bind & Birendra Bind (Cr. Misc. No. 12257 of 2008) and Ram Dhyan Bind (Cr. Misc. No. 14229 of 2008) are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Kaimur at Bhabhua in connection with Bhabua P.S. case no. 230/07 pkj (Kishore K. Mandal, J)