IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41795 of 2010 KRISHNA NAND UPADHYAY @ KRISHNA NAND UPAADHAYA, SON OF SARJU UPADHYA @ SARYU UPADHYAY, RESIDENT OF VILLAGE MADANPUR, P.S. NARAINPUR, DISTRICT BHOJPUR-----------PETITIONER Versus THE STATE OF BIHAR---------------------------------------------------OPP. PARTY ----------- 2. 21.12.2010 Heard learned Sr.Counsel for the petitioner. The petitioner prays for bail in a case registered under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code to which Section 302 of the Indian Penal Code was added subsequently on the death of the injured victim Sumitra Devi. Learned counsel for the petitioner submits that the present matter is one of case and counter case and the case filed from the side of the petitioner was prior in point of time to the other. It is further submitted that the investigation has revealed, as stated in the order of the learned Additional Sessions Judge also, that there was a free fight between the parties in course of which the deceased lady Sumitra Devi also received injuries and subsequently succumbed to the same on account of lack of proper treatment as the cause of death in the post mortem report is stated to be Septicemia (Infection). Learned counsel further submits that the petitioner has remained in 2 custody since 2.8.2010 and it is not a case of premeditated murder rather on account of land disputes between the parties there was a free fight which resulted unfortunate death of the victim lady. On a consideration of the facts and circumstances of the case, the petitioner Krishna Nand Upadhyay @ Krishna Nand Upadhaya is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Narayanpur P.S.case No. 24 of 2010. (Ramesh Kumar Datta,J.) Spal/