IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24994 of 2011 Rajesh Raman @ Pappu Bhagat & Ors. Versus The State Of Bihar ----------- 03. 28.09.2011 The petitioner has renewed his prayer for anticipatory bail in a case initially registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation against four persons is to have assaulted the victim with iron rod and lathi. The postmortem report reflects several bruise injuries of marginal size. The postmortem report stipulates the cause of death as cardio-respiratory failure due to myocardial infarction. The police, after investigation, submitted charge sheet under the bailable provisions, subsequently differing with the same, the cognizance has been taken under Section 302/34 of the Indian Penal Code as a result the petitioner has renewed his prayer for anticipatory bail. It is submitted by learned counsel for the petitioner that the accusation of assault is only supported by hearsay witnesses, whereas learned counsel for the State submits that in paras 18 and 19 of the case diary it 2 has come that the victim was mentally disturbed and he tried to assault someone from the accused side when he was being assaulted. Learned counsel for the informant submits that during the investigation the eye witnesses have also supported the prosecution case. Learned counsel for the informant submits that the victim has several injuries due to assault and petitioners have criminal antecedent. Considering the aforesaid submissions and the fact that police fond the accusation true only under the bailable provisions and petitioners were on police bail earlier, this Court is not inclined to take a different stand. Let the learned court below pass an appropriate order in view of the ratio as laid down in the case of Mahendra Singh Vs. State of Bihar reported in 2004(3), P.L.J.R., 491, if the petitioners have not misused the privilege of bail. With the above observation, this application is disposed off. Amrendra/ (Dinesh Kumar Singh, J)