IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13529 of 2011 Birendra Sahani Versus The State Of Bihar ---------------------------------- 3 19-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 20.01.2011 in a case registered under sections-341, 323, 307, 302, 504/34 of the Indian Penal Code. It would appear from perusal of first information report that an altercation took place between the parties on account of land dispute and in that course, the petitioner gave one bamboo blow on the head of the informant’s father and thereafter, the informant’s father was assaulted by other accused persons with lathi. Subsequently, the informant’s father died in course of his treatment. Learned counsel for the petitioner submits that even if prosecution case assumed to be true, then also, there was no intention to kill the deceased and at best, it is a case of culpable homicide not amounting to murder. It is also pointed out that having similar allegation, some co- accused persons have already been granted privilege of bail. He also drew my attention towards Paragraph-59 of the case diary in which the contents of postmortem report have been incorporated by the I.O. Paragraph-59 of the 2 case diary reveals that the deceased had sustained four injuries on his person. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, namely, Birendra Sahani be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bishambharpur P.S. Case No. 10 of 2010 to the satisfaction of Chief Judicial Magistrate, Gopalganj. AKV/- ( Hemant Kumar Srivastava,J.)