IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11003 of 2010 SUKHDEO SINGH Versus STATE OF BIHAR ----------- 4 5.7.2010 Heard counsel for the petitioner and the State. The petitioner is an accused in a case under section 302/34 of the Penal Code and section 27of the Arms Act. It is alleged by the informant that six persons who were armed with weapons surrounded his brother Madhav Singh and co-accused Pramod Singh fired at his head, Kapileshwar Singh fired at his chest and Krishnadeo Singh fired at his left hand as a result of which he succumbed to the injuries. It is further alleged that while one co-villager Dulo Devi came for rescue of the deceased, she was shot at by the petitioner as a result of which she also succumbed to the injuries. Learned counsel for the petitioner submits that he is confining his prayer to provisional bail in view of precarious condition of the petitioner in jail. It appears that by order dated 15.4.2010 a report was called for from the Superintendent of Sadar Hospital, Khagaria regarding the health of the petitioner. In pursuance of the aforesaid order, the Deputy Superintendent, Sadar Hospital, Khagaria has sent a report, kept at Flag ‘B’ stating thereinthat the petitioner is suffering from Right Sided Hemiplegia and Retnetion of Urine. His right Upper Limb and Right Lower Limb is paralysed. He is suffering from paralysis of Urinary 2 KHAN Bladder and retention of Urine Foley’s Cath terisation has been done. He is unable to stand by his right lower limb. It has further been stated that the Medical Board constituted in Sadar Hospital. Khagaria on 26.3.2010 has referred him to P.M.C.H.Patna for better treatment. In view of the report of the Dy. Superintendent, Sadar Hospital, Khagaria, the petitioner Sukhdeo Singh is directed to be released on provisions bail for a period of three months from the date of his release, in connection with Gogari (Pasraha) P.S.Case No.3 of 2001 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the 1st Addl. Sessions Judge, Khagaria subject to the condition that he would give an undertaking in the court below that even in his absence, the witnesses can get examined and thereafter cross- examined by his lawyer in accordance with section 317 Cr.P.C. The petitioner must surrender after expiry of the aforesaid period of three months. (S.P.Singh,J)