IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5493 of 2009 RAM SUBHAG SINGH S/O-Late Komal Singh, R/O-Vill-Inarukhi, P.S.-Sahar, Distt.-Bhojpur. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 29.06.2009 Heard learned Counsel for the petitioner, learned APP appearing on behalf of the State and learned Counsel for the informant. The petitioner is sole named accused of the case which has been registered for the offence under Section 302 of the Indian Penal Code. The informant has given his fardbeyan that in the night the petitioner was seen in questionable condition with the wife of informant’s deceased younger brother. The petitioner threw Bihari Yadav on the ground and assaulted on the chest and stomach, so he died. Submission is that there was no intention at all to cause death. The petitioner was not having any arms, so the offence does 2 not comes under Section 302 of the Indian Penal Code. Learned Counsel appearing on behalf of the informant has opposed the prayer for bail of the petitioner and has submitted that the death of the old person was on account of fracture of ribs of both sides which is attributed against the petitioner. Considering the allegation that the above named petitioner was not having any weapon of assault at that time, he is directed to 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 learned Chief Judicial Magistrate, Bhojpur at Ara/concerned court in connection with Sahar P.S. Case No.- 75 of 2008. kksinha/ (Shyam Kishore Sharma, J.)