IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27185 of 2010 MUNILAL TATMA, son of Khantar Tatma Versus THE STATE OF BIHAR ----------- 2/ 24.09.2010 Heard learned counsel for the parties. Petitioner is an accused in a case under Section 302 of the Indian Penal Code. Learned counsel for the petitioner submits that at best a case under Section 304 of the Indian Penal Code is made out. He further submits that the occurrence took place in the spur of moment. He further submits that the occurrence took place regarding storage of garbage. It is alleged that petitioner gave one Bamboo blow on the left Pakhura (shoulder) of the wife of the informant and when the informant tried to intervene, the petitioner assaulted him also with stick on the head. He further submits that in course of treatment, wife of the informant died. The petitioner is in custody since 24.11.2008. Having regard to the facts and circumstances of the case and also taking into consideration that petitioner has remained in custody for about two years, let the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Katihar in connection with Korha P.S. case no. 57 of 2008 (S. Tr. No. 290 of 2009). Uday/ (Samarendra Pratap Singh, J.)