IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37849 of 2010 Prabhu Choudhary, S/o Late Sitaram Chaoudhary, R/o Village- Raghuynandanur, P.S.-Bhagwanpur(Tiyay), District-Begusarai. …….. Petitioner. Versus STATE OF BIHAR ….. Opposite Party ……….. 3. 16.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner, above named seeks his bail in connection with Bhagwanpur P.S. Case No. 45 of 2010 registered under Section 302/34 of the Indian Penal Code. As per written report of the informant, the allegation of assault has been levelled against the petitioner as well as others, but in course of investigation, the statement of deceased was recorded at para -4 of the case diary. In the aforesaid statement, deceased specifically stated that it was Kari Choudhary, who assaulted him with iron rod as a result of which he sustained injury on his neck, head and right hand. So far as the complicity of the petitioner is concerned, deceased has specifically stated that he gave order to other accused to assault him. The post-mortem report reveals that deceased sustained one injury on his head and as per the statement of deceased, he was assaulted by co- accused Kari Choudhary. Considering the aforesaid facts and circumstances as well as submissions of the parties, above named petitioner is directed to 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 learned Chief - 2 - Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S.Case No. 45 of 2010. Sujit (Hemant Kumar Srivastava,J.)