IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31446 of 2008 NAND KISHORE RAI Versus STATE OF BIHAR ----------- For the petitioner - Mr. Ajay Thakur, Adv. For the State - Mr. Upendra Kumar, A.P.P. --------- 3. 18.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in a case instituted under Sections 302, 307 and other Sections of the Indian Penal Code. Informant is the deceased in this case. Allegation is that the accused persons have assaulted the informant with lathi, danda etc. as a result of which he died subsequently. Specific allegation against the petitioner is that he sat on the chest of the deceased and tried to press the neck. Learned counsel for the petitioner submits that there was no intention to kill which is apparent from the fact that the petitioner was allegedly armed with pistol but he has not used the fire arm. He submits that only allegation against the petitioner is that he tried to press the neck of the informant but as per the post-mortem report there was no injury on neck. It is stated that other co-accused persons namely, Arjun Rai, Sanjeet Rai, Subodh Rai and Ranjeet Rai have been granted bail by this Court by order dated 12.1.2007, 8.5.2008 and 17.7.2008 passed in Cr. Misc. Nos. 2 1211 of 2007, 14753 of 2008 and 26939 of 2008 respectively. It is further submitted that the petitioner is in jail custody since 29.1.2008. Learned counsel for the State submits that there is allegation of assault against the petitioner and of pressing neck of the informant. In the facts and circumstances of the case and in view of submissions made on behalf of the parties, petitioner Nand Kishore Rai is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. District & Sessions Judge cum F.T.C.-4, Samastipur, in connection with Sessions Trial No. 184 of 2008/194 of 2008 arising out of Tajpur (Halai) P.S. Case No. 37 of 2005. S.Ali (Dr. Ravi Ranjan, J.)