IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13260 of 2009 OM PRAKASH YADAV Versus The STATE OF BIHAR ----------- 4/ 01.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner along with others have been shown assailant of the deceased, while the submission of the learned counsel for the petitioner is that the deceased died due to Jaundice and the petitioner has been involved in this case due to inimical relation. Assault, if any, was caused, no weapon is used. There is none to support the prosecution case save and except family members of the complainant. The matter was thoroughly investigated by the I.O., who submitted final form against the petitioner, even then cognizance is taken and petitioner is apprehending his arrest which can never be justified. I agree with the submission of the learned counsel. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Singhia P.S. Case No. 78 of 2008, above named petitioner shall 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 A.C.J.M., Rosera, Samastipur subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)