IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21231 of 2011 Raju Sah Versus The State Of Bihar ----------- 02/ 25.07.2011 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. There is specific allegation against the petitioner that he along with two co-accused persons, namely, Sunil Sah and Bhushi Sah mercilessly assaulted the deceased with iron rod as a result of which deceased sustained injury and died in course of his treatment. Learned counsel for the petitioner drew my attention towards annexure 4 of supplementary affidavit and submitted that only one head injury has been found on the person of the deceased and furthermore, alleged occurrence did not take place in a preplanned manner rather sudden altercation took place between the parties as a result of which alleged occurrence took place as per prosecution case itself. It is also contended by him that after death of the deceased when fardbeyan of the son of deceased was recorded he stated that several persons assaulted his father with lathi and iron rod. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, particularly, this aspect of the matter that deceased sustained only one head injury, let the petitioner, Raju Sah, be released on bail on furnishing - 2 - bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge IV, Chapra in Sessions Trial no. 369/2011 arising out of Taraiya P.S. Case no. 13/2011. shahid (Hemant Kumar Srivastava,J)