IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42265 of 2009 DAYANAND YADAV, son of Shri Chhota Yadav, resident of village – Malahi, P.S. – Malahi, District – East Champaran Versus STATE OF BIHAR ----------- 3/ 03.03.2010 Heard Mr. Shri Prakash Shrivastava, learned counsel for the petitioner and Mr. Upendra Kumar, APP for the state. Petitioner is an accused in a case instituted under sections 341, 342, 323, 307, 379, 504 and 506 of the IPC in which sections 302/34 of the IPC was also added vide order dated 11.8.2008. It is submitted by learned counsel for the petitioner that the petitioner is not alleged to have used any lethal weapon for causing any injury to the informant and according to the FIR he is alleged to have assaulted him by a piece of bamboo on his right shoulder. The informant has claimed in the FIR that he fled away towards the village and there he was told by some villagers that person who assaulted him is the petitioner. It is submitted by learned counsel for the petitioner that admittedly death had not taken place on the spot, rather, the informant died after a long time and after about four months of the lodging of the FIR offence under section 302 of the IPC was added. According to learned counsel for the petitioner case under section 302 IPC is not made out. It is also stated that the petitioner is in judicial custody since 4.8.2008. Learned counsel for the state, though opposed the prayer for bail, has not disputed the aforesaid position. Be that as it may, let petitioner Dayanand Yadav be enlarged on bail on furnishing bail bond of Rs.10000/(ten thousand) - 2 - with two sureties of the like amount each to the satisfaction of C.J. M., Motihari, East Champaran in Govindganj (Malahi) P.S. Case no. 63 of 2008. Anil/ (Birendra Prasad Verma, J.)