IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5146 of 2010 KAPILDEO YADAV son of Mathura Yadav, resident of village Chhawrahiya, Police Station Majhaulia, District West Champaran, … … …Petitioner Versus THE STATE OF BIHAR… …OPPOSITE PARTY For the Petitioner:Mr. Sanjay Kumar No. 7, Advocate For the State: Mr. Uma Shankar Pd. Singh, APP For the Informant: Mr. Binay Kant Mani Tripathi, Advocate ----------- 3 25.03.2010 Heard learned counsel for the petitioner, the State and the informant. The petitioner is an accused in a case registered under sections 341, 323, 302, 504 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that it would be manifest from the first information report itself that one co-accused Ganesh Yadav had assaulted the son of the informant upon his head by an iron rod and after receiving the injury he fell down. Thereafter, it is alleged that the petitioner along with another accused had assaulted him with lathi. Learned counsel for the petitioner submits that it would be apparent from the post mortem report that there is only one head injury caused by hard and blunt substance, which has been shown to be the reason of death of the deceased. In that view of the matter, 2 it is submitted that no injury has been caused by the petitioner. The petitioner is stated to be in custody since 18.12.2009. Learned counsel for the informant submitted that during the course of investigation some of the witnesses have stated that the petitioner had also assaulted the deceased upon his head by lathi. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Kapildeo Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah in Majhaulia Police Station Case No. 298 of 2009. SC ( Dr. Ravi Ranjan, J.)