IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30344 of 2010 CHANDRIKA RAM Versus STATE OF BIHAR ----------- 2. 4.10.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Ragunathpur P.S.Case No.52 of 2008 for the offence under sections 341, 323, 307, 504/34 of the Indian Penal Code and later on section 302 of the Indian penal Code was added. This is the second attempt on behalf of the petitioner for grant of bail. The petitioner’s prayer for bail had been rejected by this court by order dated 6.11.2009 passed in Cr.Misc.No.19742 of 2009. Learned counsel for the petitioner submits that the death was by reason of an altercation claiming fishery rights and in which process, head injury was caused by the lathi of the petitioner and which proved to be fatal as the informant died during the course of treatment after two days. Learned counsel submits that the very fact that the death was 2 not instantaneous rather occurred during the course of treatment which demonstrates that there was no intention on the part of the petitioner of causing death. He further submits that a perusal of the first information report itself shows that altercation had taken place between to families and as a consequence whereof the informant suffered injury. He submits that although the petitioner surrendered in the case on 23.9.2008 and is in custody since then, but the matter is yet at the stage of framing of charge. He submits that in the aforesaid circumstances, the prayer of the petitioner may be reconsidered. Having regard to the submissions aforesaid, let the petitioner Chandrika Ram be released 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, Siwan in connection with Raghunathpur P.S.Case No.52 of 2008, subject to the condition that the petitioner would be attending the court below on each and every date fixed in the case and the failure on the part of the petitioner to present himself on two consecutive dates fixed in the present case 3 would grant liberty to the court concerned to cancel the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J)