IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42568 of 2008 BINOD MANJHI SON OF BAUNU MANJHI RESIDENT OF VILLAGE RAMPUR, MUSAHARI, P.S. SURAJGARHA, DISTT. LAKHISARAI. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. BAIJNATH MANJHI SON OF LAKHAN MANJI, RESIDENT OF VILLAGE RAMPUR MUSAHARI, P.S. SURAJGARHA, DISTT. LAKHISARAI. ------ OPPOSITE PARTIES. ----------- 4. 03.05.2011 Heard the parties. The petitioner is aggrieved with the order dated 6.6.2007 passed by the Additional Sessions Judge, Lakhisarai, in Criminal Misc. Case No. 13/46 of 2006 by which the bail granted to the petitioner was cancelled. The allegation against the petitioner was that he had assaulted the son of the Informant with the Lathi whereas the co-accused Bonu Manjhi had fired on the Informant. Subsequently, the Informant died one month later and 302 of the Indian Penal Code was added in the case. In the meanwhile, on the petitioner’s surrender, he was granted bail by the court below but was subsequently cancelled since 302 of the Indian Penal Code was added in the case. It has been submitted that there was no report of the petitioner having misused the privilege of bail nor had he concealed the fact that the deceased had died since his arguments have been advanced on the basis of the First Information Report which had been instituted only under Section 307 of the Indian Penal Code. 2 In the result, the application is allowed and the order dated 6.6.2007 passed in Cr. Misc. No. 13/46 of 2006 by the Additional Sessions Judge, Lakhisarai, is hereby set aside. S.Ali ( Anjana Prakash, J.)