IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16893 of 2009 YADUNI MANDAL Versus STATE OF BIHAR ----------- 02. 21.08.2009 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is in custody since 19.8.2008 in Rosera P S Case No.181 of 2007 which was instituted under several sections of the Indian Penal Code including sections 323, 324, 307 and 302. As per the FIR all the accused persons including the petitioner who are supposed to have assaulted the deceased, came variously armed with farsa and lathi. Petitioner is alleged to be carrying a lathi. Submission of the learned counsel for the petitioner is that petitioner is alleged to be of about 70 years of age. No doubt, he has been alleged to be part of the mob who also caused assault but the postmortem report indicates that the death of the deceased has been caused due to shock and haemorrhage due to injury no. 4 and 5, caused by sharp cutting weapon, which could be a farsa. With no allegation of wielding a farsa blow, let the petitioner Yaduni Mandal be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Rosera in Sessions Trial No. 926 of 2008 arising out of Rosera P S Case No. 181 of 2007 with a direction that petitioner will - 2 - not abscond and will cooperate in the trial of the case. Grant of privilege of bail does not mean that the petitioner will be emboldened to intimidate or harass the informant or the other witnesses. rkp (Ajay Kumar Tripathi, J)