IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31467 of 2008 NARENDRA MISHRA @ NAREN MISHRA, S/o Late Sitaram Mishra, Resident of village – Sonbarsa, P.S. Shahpur (Karnamepur) in the district of Bhojpur at Arrah. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 05/ 06.05.2009 Heard Sri Anil Kumar, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The fact remains that in spite of the petitioner being the assailant of the deceased on account of having fired a shot and killing him, the Court has to consider the prayer for bail of the petitioner in the light of the medical report submitted to it by the Board of Doctors constituted by the Superintendent of Patna Medical College and Hospital as per the desires of this Court. The Board of doctors has reported that the petitioner was suffering from serious degree of multi impact senile Hemiplegia and required a community help in discharge of his daily routine work. What appears suggested by the Board is that the petitioner cannot be moved even on his own and discharge his daily normal duties. Considering this predicament in the life of the petitioner, the Court desires to direct his release on bail. The - 2 - petitioner Narendra Mishra @ Niren Mishra is directed to be released on bail on furnishing a bond of Rs.10,000/0 (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Shahpur P.S. Case No. 40 of 2002, G.R. No. 747 of 2002. Both the sureties must be the close family members of the petitioner. One of whom preferably should be his wife and the other any of his other family members, who could swear an affidavit besides presenting proof of their identity before the court below to its own satisfaction that as and when the court directed them to produce the petitioner, they would abide by the order. DKS/ (Dharnidhar Jha, J.)