IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87692 of 2024 Arising Out of PS. Case No.-105 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== 1. Laxman Das @ Lakshman Das S/o Late Rajdeo Das R/o Village- Gharbhara, PS- Bochahan, District- Muzaffarpur 2. Shyam Sundar Das S/o Late Rajdeo Das R/o Village- Gharbhara, PS- Bochahan, District- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 21-03-2025 Heard learned counsel for the petitioners and Mr. Bhanu Pratap Singh, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 307, 326, 147, 149, 504 and 506 of the IPC and under Section 3, 4 and 5 of the Witchcraft Act. 3. The case of the prosecution is that the petitioners along with others came to the house of the informant having lathi, danda and started assaulting his mother alleging to be Dayan. Laxman Das and Shyam Sundar Das (petitioners) assaulted his mother with intention to kill due to which she became unconscious. The informant and other family members Patna High Court CR. MISC. No.87692 of 2024(3) dt.21-03-2025 2/3 tried to rescue his mother but accused persons also assaulted them. The informant together with his family members were admitted to SKMCH wherefrom his mother was referred to PMCH where she was declared brought dead. 4. It has been argued by the learned counsel for the petitioners that the nature of allegation is general and omnibus and it is not clear from the FIR as to on which part the petitioners have assauled. 5. As against this learned APP has submitted that from perusal of the FIR itself it is clear that there is direct allegation against the petitioners that they have assaulted the mother of the informant with lathi so badly that she got unconscious. Even one injured witness Surekha Kumari has also specifically stated that the petitioners have assaulted with lathi due to which the mother of the informant fell down got unconscious. From perusal of the post-mortem report it transpires that the deceased has received three injuries and the cause of death is ante-mortem injuries. There is direct and specific allegation against the petitioners that they have assaulted with lathi to the deceased due to which she got unconscious and later on died. 6. Having heard learned counsel for the parties and Patna High Court CR. MISC. No.87692 of 2024(3) dt.21-03-2025 3/3 considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioners at this stage, however, they are at liberty to renew their prayer for bail after six months if the trial is not concluded. durgesh/- (Ashok Kumar Pandey, J) U T