IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9527 of 2008 ASHWANI KUAR @ PAPPU KUAR Versus STATE OF BIHAR ----------- 2 15.5.2008 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 148, 149, 323 and 307 of the Penal Code. Later section 302 of the Penal Code was also added. The allegation is that about 30-40 persons assaulted Birendra Yadav with Lathi. It is alleged that one Birendra Raut gave the first lathi blow on the deceased. Learned counsel for the petitioner submits that the post mortem report indicates that there is only one lathi blow on the head and the victim who died after 10-12 days of the occurrence. The petitioner is in custody for more than six months. Considering the period of custody, the petitioner Ashwani Kuar alias Pappu Kuar is directed to be released on bail in S.T. No. 444/2007 arising out of Piprahi PS Case No. 35/2005 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the A.D.J./F.T.C. Ist, Sheohar, Sitamarhi. haque (Sheema Ali Khan, J.)