IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28510 of 2009 LAKHAN MEHTA Son of Padarath Mehta, resident of village- Brijkeshwar Bigha, P.S. Barun, District- Aurangabad. . . . . . . Petitioner. Versus THE STATE OF BIHAR For the Petitioner : Mr. Arun Kumar, Adv. For the State : A.P.P. ----------- 2/ 21.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case which has been registered for the offence under Section 307 and other allied Sections of the Indian Penal Code. Later on, Section 302/34 of the Indian Penal Code has been added. Earlier the case was registered under Section 307 and some other allied Sections of the Indian Penal Code, in which it was alleged that this petitioner and his three sons indiscriminately assaulted the informant’s father by means of hard and blunt substance namely Lathi. The injured was taken to hospital for treatment, who subsequently died. Submission is that there is a case and counter case. Injuries were on both sides. The petitioner’s side had also received several injuries and so the case has been instituted under Section 307 and other Sections of the Indian Penal Code. There was no intention or knowledge at all, so, the offence under Section 302 of the Indian Penal Code is not made out. Considering the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 96 of 2009. Uday/ (Shyam Kishore Sharma, J.)