IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34711 of 2008 ANIL ROY Versus STATE OF BIHAR ----------- 2. 10.9.2008 Heard. The petitioner is in custody in a case under section 302 of the Indian Penal Code on the allegation that he along with other accused persons brutally assaulted the deceased with lathi etc. and killed him. Before being assaulted the deceased was alleged to be tied to a poll by means of rope. Reason for the incident was non-payment of some money which the deceased owed on account of purchasing eggs. The contention is that the learned Sessions Judge had himself recorded that the death was reported on account of asphyxia due to drowning and that the doctor did not find any external or internal injury which could be the caused by being beaten up. The second contention is that the post mortem report (Annexure-2) indicates that the stomach was full of water, duodenum also contain excessive water and wine was smelling like liquor indicating that the man had taken liquor and the contention is that he might have tumbled down into well. Regard being had to the facts and circumstances of the case, let petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. case no.59 of 2008. sudip ( Dharnidhar Jha,J )