IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2540 of 2009 MD.BASIR S/O-Late Md. Sifayat, R/O-Vill-Simra, P.S.-Dumra, Distt.-Sitamarhi. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 27.02.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner is accused of this case which has been registered under Sections 302/34 of the Indian Penal Code. The informant is a chowkidar, he received information through the petitioner that a thief has been caught. The informant rushed and saw some persons there. The apprehended person was encircled by the petitioner and others. Petitioner told that the person caught was stealing battery of the Tempo and he was thrashed by the villagers. Later on the injured was brought to the hospital but in course of treatment he died. Submission is that Section 302 of the Indian Penal Code is not made out. There was no intention at all to cause death. The petitioner has no criminal antecedent. It was a case of thrashing by the villagers. Considering the facts and circumstances of the case, let the above named petitioner be released from - 2 - custody 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, Sitamarhi in connection with Dumra P.S. Case No. 213 of 2008. kksinha/ (Shyam Kishore Sharma, J.)