IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3219 of 2009 SANTOSH KUMAR SWARNKAR S/O BAIDYANATH SWARNAKAR, R/O MOHALLA- RIKABGANJ, P.S.- TEKARI, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 2 04/03/2009 Heard learned counsel for the petitioner and State. The petitioner is sole named accused of a case which has been registered under section 304 and some other sections of the Indian Penal Code on the allegation that due to assault by the petitioner by fist and slaps Ramchandra Das become unconscious and when he was being carried for treatment he succumbed. Submission is that the assault by fist and slaps has not been corroborated in course of post mortem. Such assault cannot cause death. The death was on account of shock and hemorrhage as a result of injuries which were of minor in nature. Considering the facts and circumstances of the case, the petitioner Santosh Kumar Swarnkar is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya in connection with C.J.M., Gaya in connection with Tekari P.S. Case No. 145 of 2008. Avin (Shyam Kishore Sharma, J.)