IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18230 of 2008 UMESH YADAV Versus STATE OF BIHAR ----------- 3 17/09/2008 Heard learned counsel for the petitioner and learned counsel representing the State. Written report was given by one Inder Kant Yadav on 3.1.2007 that on 27.12.2006 the petitioner gave iron rod blow on the head of Anil Kumar who was injured. He was being treated and when the condition became serious Dr. Ajit Kumar Singh of Begusarai referred the patient to Nazarath Hospital Mokama. In course of treatment, Anil Kumar died on 3.1.2007. Submission is that no case under section 302 of the Indian Penal Code is made out against the petitioner. In course of investigation, the brother of the deceased has given another version of the occurrence. The injured died due to the negligence on behalf of the informant and his family members. Dr Rajesh Malakar has been examined under section 161 of the Cr.P.C. in which he has stated that Anil received injury on his head and he was told that the brick had fallen on head so the injury was caused. After injury he was stitched by the doctor and it was told by the family members that he had gone to do irrigation work. Considering the facts and circumstances of the case, the petitioner Umesh Yadav is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional - 2 - Sessions Judge, F.T.C. III, Begusarai in S.Tr. No. 121 of 2008 arising out of Sahebpur Kamal P.S. Case No. 03 of 2007. avin (Shyam Kishore Sharma, J.)