IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.214 of 2011 LAKHAN MUKHIA Versus THE STATE OF BIHAR ----------- 02/ 03.02.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Babubarhi P.S. Case no.64/2010 registered under sections 302 and 323 of the IPC. Allegedly, petitioner assaulted the informant with lathi and similarly, petitioner and co-accused Buchkun Mukhia assaulted the informant’s son but there is specific assertion in the first information report that it was Buchkun Mukhia who gave fatal blow to the informant’s son as a result of which informant’s son sustained head injuries and fell down on earth and subsequently, he died. In course of hearing, learned counsel for the petitioner produced photo stat copy of the post mortem report of the deceased and it appears from perusal of the aforesaid photo stat copy of the post mortem report that deceased had received two injuries on his head. As per prosecution case itself, the author of the aforesaid injuries is co- accused Buchkun Mukhia and not this petitioner. Considering the aforesaid facts as well as submissions of the parties, the petitioner, Lakhan Mukhia is directed to be released on bail in connection with Babubarhi P.S. Case no. 64 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani. shahid (Hemant Kumar Srivastava,J)