IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23118 of 2009 MATUK PASWAN SON OF LATE KASI PASWAN @ BISO PASWAN, RESIDENT OF VILLAGE- PATHARI, P.S. LADANIA, DISTRICT- MADHUBANI. Versus STATE OF BIHAR ----------- 3 28.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 341, 342, 323, 307/34 of the Indian Penal Code in which section 302 I.P.C. was subsequently added. It has been submitted on behalf of the petitioner that the allegation is of assaulting the deceased by the petitioner along with co-accused namely, Prabhu with lathi and danda on whole of the body. Initially the case was registered under sectin 307 I.P.C. but later on the injured (information) succumbed to the injuries, and as such, offence under section 302 I.P.C. was added. It is further submitted that the postmortem report does not support the allegations and the cause of death is not the physical assault as none of the injuries was on the vital part of the body. Further submission is that the petitioner is in custody since 29th November, 2008 and has no criminal history. Learned Addl. P.P. appearing for the State on perusal of the case diary is not in position to refute the above submissions. In the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Babubarhi P.S. Case No. 85 of 2008. Manish/- (Shailesh Kumar Sinha,J.)