IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15819 of 2010 RANJIT KUMAR RAM @ BHUTELIA son of Ramashish Ram, R/o village Khaira, P.S. Pusa(Waini), Dist. Samastipur…petitioner. Versus STATE OF BIHAR O.P. ----------- 4 07.10.2010 Heard the parties. In a criminal prosecution originally registered under section 307 and some other allied offences under the Indian Penal Code in which subsequently offence under section 302 I.P.C. was also added, the petitioner is alleged to have assaulted the informant by lathi on his head. Admittedly death has not taken place on the spot and informant was taken to hospital for treatment, where he gave his fardbeyan. Subsequently during the course of treatment he is said to have died. Learned counsel for the petitioner submits that petitioner had absolutely no mens rea to commit the offence punishable under section 302 I.P.C. The petitioner is said to be in judicial custody since 10.9.2008.i.e.more than twoyears. Taking into consideration the period of incarceration the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.D.J, FTC-4, Samastipur in S.Tr. No. 989 of 2008 arising out of Tajpur (Waini) P.S. case No. 289 of 2008. M.Rahman ( Birendra Prasad Verma, J )