IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39866 of 2010 SATRUDHAN RAI @ SHATRUGHAN RAI SON OF WAKIL RAI, RESIDENT OF VILLAGE – MANGALPUR(DHOBI TOLA),P.S.MAHAMMADPUR,GOPALGANJ. Versus THE STATE OF BIHAR ----------- 2 20.12.2010 Heard Sri Baxi S.R.P.Sinha, learned Senior counsel appearing for the petitioner and Smt. Rita Verma, Additional Public Prosecutor. The sole petitioner who is in custody in Mohammadpur P.S. Case No.75 of 2010 for the offence under section 302/34 of the I.P.C. has prayed for grant of bail. Learned Senior counsel for the petitioner by referring Annexure-2 at page 17 submits that the injured was referred to the P.M.C.H. and at the P.M.C.H. the informant’s fardbeyan was initially recorded in which it was stated that the petitioner had assaulted the husband of the informant with lathi. There was no assertion of assault iron rod against either of the accused persons. In the said fardbeyan the informant had disclosed that the occurrence was witnessed by one Upendra Rai. This fardbeyan was recorded on 12.8.2010 one day after the occurrence. At subsequent stage, it was submitted by the learned Senior counsel that on 13.10.2010 2 fardbeyan of the informant was recorded by Mohammadpur police in which the informant had developed the prosecution case and it was alleged that the petitioner in the occurrence was carrying an iron rod and gave a blow from the rod on the head of the husband of the informant. Not only this it was further submitted that even the person who was named as witness in earliest version was made accused in the fardbeyan which was recorded on 3.8.2010. In view of the facts and circumstances the Court is of the opinion that it is a fit case for extending the privilege of bail. Let the petitioner, Satrudhan Rai @ Shatrughan Rai, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Gopalganj, in Mohammadpur P.S.Case No.75/10. Anilkr.sinha (Rakesh Kumar,J.)