IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35525 of 2008 MAHANTH SAH S/O BUTAN SHAH, R/O VILLAGE- MOHABAR CHAPARA, P.S. MKAULIA, P.S. EAST CHAMPARAN Versus STATE OF BIHAR ----------- 3 17/11/2008 Heard learned counsel for the petitioner and learned counsel representing the State. Initially the case under section 307/34 of the Indian Penal Code was registered against this petitioner and Shambhu Sah in which there is allegation that both the named accused persons assaulted causing injury to informant’s son Madan Sah. Submission is that after death section 302 of the Indian Penal Code was added but this is not a case of 302 of the Indian Penal Code because there was no intention or knowledge so this is not a case of culpable homicide amounting to murder. The present case is the counter blast of Turkaulia P.S. Case No. 43 of 2008 which was lodged prior to the present occurrence. During investigation it has come that it was Shambhu Sah who assaulted on the head which proved fatal. Considering the facts and circumstances of the case, the petitioner Mahanth Sah 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., Motihari in connection with Turkaulia P.S. Case No. 44 of 2008. avin (Shyam Kishore Sharma, J.)