IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13482 of 2011 Purushotam Mahto Versus The State Of Bihar ----------- 05/ 19.07.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 15.3.2011 in a case registered under section 302/34 of the IPC. The specific allegation against the petitioner is that he along with co-accused Rajgir Rai assaulted the deceased with brick. The contention of learned counsel for the petitioner is that as per prosecution case itself, informant is not an eye witness of the alleged occurrence and he came to know about manner of occurrence from witnesses Chandar Rai and Ram Sewak Rai. Learned counsel for the petitioner points out that at paras 9 and 10, statements of Ram Sewak Rai and Chandar Rai respectively, have been recorded and the aforesaid witnesses have stated that all the accused persons assaulted the deceased with stone and other weapons. It is further contended by him that in post mortem examination of the deceased, four injuries were found on his person and out of the aforesaid injuries, two injuries are said to be caused by sharp cutting weapon whereas two injuries are caused by hard and blunt substance. It is further contended by him that dead body of the deceased was found in a ditch and in course of investigation witnesses have stated that the deceased had met an accident with tractor and died then there. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Purushotam Mahto, be 2 released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC No. II, Sitamarhi in Sessions Trial no. 16/2011 arising out of Sonbarsa P.S. Case no. 56/2008. shahid (Hemant Kumar Srivastava,J)