IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.34591 OF 2011 CHOTE MOHAMMAD @ CHOTE RAI SON OF SHAKEEL RAI, R/O VILLAGE- SORPANIA, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN VERSUS THE STATE OF BIHAR ---------------------------------- 2 16/11/2011 Heard Mr. Alok Kumar Sinha, No. 1, learned counsel for the petitioner and Dr. Indiwar Kumari, learned APP for the State. The case was initially registered under section 307 of the Indian Penal Code but after death section 302 IPC was added. The petitioner is the sole named accused of the case. According to the allegation, there was altercation between the petitioner and the informant’s brother Shyamdeo Rai Patel. The petitioner picked up a small piece of bamboo and assaulted upon the head of the informant’s brother who was carried to hospital but in course of treatment he died. Submission is that the case does not come under the purview of section 302 IPC because there was no intention or knowledge at all that such act would cause death. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount 2 each to the satisfaction of the learned S.D.J.M./concerned Court, Motihar in connection with Dhaka P.S. Case No. 18 of 2011. avin (Shyam Kishore Sharma, J.)