IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33702 of 2008 SAMPAT YADAV S/O-Chaprasi Yadav SITARAM YADAV S/O-Sampat Yadav Both resident of Vill-Baniyachak, P.S.-Dhoraiya, Distt.-Banka. ………………………………………………………..Petitioners. Versus STATE OF BIHAR ----------- 3/ 14.11.2008 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State. Initially a case was registered under Section 307 and some other Sections of the Indian Penal Code but the injured later on died and Section 302 of the Indian Penal Code was subsequently added. Allegation is that the petitioner Sitaram Yadav has assaulted the informant’s son Shyam Yadav by a stick later on when it was complained then further assault was made. Submission is that a case lodged from before this case vide Dhoraiya P.S. Case No. 35/2007 under Section 379 and some other Sections of the Indian Penal Code. The above said case was lodged prior to the present case and this present case was lodged only with a view to put pressure for that case. There was no intention or knowledge, so Section 302 of the Indian Penal Code is not made out. The case at best comes under Section 304 Part-II of the Indian Penal Code. Considering the facts and circumstances of the case, the petitioners Sampat Yadav and Sitaram Yadav are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten - 2 - thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 36 of 2007. kksinha/ (Shyam Kishore Sharma, J.)