IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46643 of 2009 PRABHU MAHATO son of late Chaudhary Mahto Versus STATE OF BIHAR ----------- 3/ 13.01.2010 Heard learned counsel for the petitioner and the State. The prayer for bail of the petitioner was earlier rejected on 16.06.2009. The petitioner is an accused in a case under Sections 341, 342, 323, 307/34 of the Indian Penal Code to which Section 302 of the Indian Penal Code was added later on, as the deceased died after seven days of making statement. The informant made allegation against the petitioner and one Matuk Paswan of having assaulted him. Learned counsel submits that considering the post- mortem report, one, Matuk Paswan against whom allegation is similar to the petitioner , has already been allowed bail by a Bench of this Court by order dated 28.10.2009 of this court passed in Cr. Misc. No. 23118 of 2009. In the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Babu Barhi P.S. case no. 85 of 2008 with condition that he will not physically - 2 - absent for two consecutive dates till three witnesses are examined, otherwise the court below in seisin of the case would cancel the bail granted by this Court. Uday/ (Samarendra Pratap Singh, J.)