IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26856 of 2009 ***** Satyendra Mahto son of Sri Bhagwan Mahto resident of village- Karari P.S. Ara Muffasil District Bhojpur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party with Cr. Misc. No.8443 of 2009 1. Chhotak Turha son of Chandradeo Turha 2. Prem Mahto son of late Ganesh Mahto Both resident of village- Karari, P.S. Ara Muffasil, District-Bhojpur. …. …. Petitioners Versus The State of Bihar …. …. Opposite party ----------- 3. 16.11.2009. Heard learned counsel for the petitioners and the learned A.P.P. for the State. Let the petitioners indicate the sessions trial number and the name of the presiding officer in the prayer portion of the bail application. All the three persons are in custody from 21.11.2008 and 17.11.2008 repectively in Ara Mufassil P.S. Case No.241/08, which was instituted under Sections 302/34 of the Indian Penal Code. Allegation is that the accused persons in a drunken state compelled one Ramum Sharma brother of the informant to get up from the place he was lying down, an altercation took-place. It is alleged that Satyendra Mahto hit the deceased on the head with a wooden log. He had a bleeding injury. It is stated that subsequently the person died and the present case came to be instituted. Submission of learned counsel for the petitioners is that the postmortem report shows that the deceased died due to asphyxia by trapped vomiting in wind pipes in over drunken state. The deceased - 2 - himself too was under the influence of alcohol and that was the real reason for death and not the assault or otherwise. Keeping the evidence which has come during postmortem coupled with the period petitioners have been in custody, let the petitioners, namely, Satyendra Mahto, Chhotak Turha and Prem Mahto, be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) each with two sureties in the like amount each to the satisfaction of IInd F.T.C., Bhojpur at Ara in connection with S. Tr. No.100/09 arising out of Ara Mufassil P.S. Case No.241/08. One of the sureties will be executed by their close blood relation on due identifications. Petitioners will cooperate in the trial. Pawan/- (Ajay Kumar Tripathi, J.)