IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30121 of 2010 MD.ABBASH SON OF LATE DHALAI MIYAN, RESIDENT OF VILLAGE KEDALI PUNARWAS, P.S. NAUHATTA, DISTRICT SAHARSA. Versus STATE OF BIHAR ----------- 2/ 18-08-2010 Heard the parties. In a criminal prosecution originally registered under section 307/34 and some other allied offences under the Indian Penal Code, altogether seven persons including the petitioner have been named as accused. Subsequently during the course of treatment Md. Salat is said to have died, where-after the offence under section 302 of the Indian Penal Code was also added. It is submitted that according to prosecution case, co-accused Md. Islam and Md. Usman are alleged to have assaulted the informant as also his brother Md. Salat by farsa on their head, as a result of which they became injured. Subsequently Md. Salat died in the hospital. The petitioner and four other persons are said to have assaulted Md. Mohiuddin and Md. Sarfuddin by lathi, Danda and bamboo etc. The injury reports of those two. persons have been brought on record as Annexures-2 and 3, respectively and they have sustained simple injury on their persons. It is highlighted that even according to the prosecution case, the petitioner is not the assailant of the deceased and some of the accused persons have been 2 granted bail by a Bench of this Court. Taking into consideration the aforesaid facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Nauhatta P.S. Case No. 11 of 2010. BTiwary ( Birendra Prasad Verma, J)