IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22348 of 2009 MAHESHWAR PASWAN Versus STATE OF BIHAR ----------- 02/ 20.07.2009 Learned counsel seeks permission to make necessary correction in para 13 of the application. He is permitted to do so. Heard both sides. Petitioner seeks bail in a case instituted under Section 302/34 of the IPC. The dispute between the parties arose over digging of land close to their house. It is said that accused persons dragged out the husband of the informant and started assault. Specific allegation is against one Budheshwar Paswan that he assaulted on the back portion of his head with a brick and thereafter his wife also pressed the testicles which caused instantaneous death. Learned counsel submits that main allegation is against one Budheshwar Paswan and his wife. It is contended that some of the accused persons also received injury which remain unexplained. Referring to the statements made in para 13 it is stated that he is in custody since 16.6.2007. The impugned order suggests that the case has already taken up for trial inasmuch as charges have already been framed. Having regard to the allegation and the period of incarceration, this Court is inclined to admit him to bail. Let petitioner Maheshwar Paswan be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each - 2 - to the satisfaction of Additional Sessions Judge F.T.C. I, Madhubani in connection with Sessions Trial No. 692 of 2007 arising out of Andhratharhi P.S. Case No. 83 of 2007 subject to the following conditions:- (i) One of the bailors shall be close of the petitioner; (ii) Petitioner shall appear in person on the dates fixed in the trial. In case of default on two consecutive dates it shall be open to the trial court to cancel his bail and secure his arrest in accordance with law. DKS/ (Kishore K. Mandal, J.)