IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7745 of 2011 Awadhesh Paswan S/o Horil Paswan Versus The State Of Bihar ----------- 04 05.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It is pointed out by learned counsel for the petitioner that Warisnagar P.S. Case No. 96 of 2011 has already been committed to the Court of Session and presently being S.T. No. 179 of 2011, pending in the Court of 1st Additional Sessions Judge, Samastipur. Learned counsel for the petitioner is permitted to make correction in prayer portion of his application within the course of the day. Petitioner is languishing in jail custody since 21.07.2010 in a case registered under Section 341, 323, 302 and 504/34 of the Indian Penal Code. It would appear from perusal of First Information Report that a quarrel took place between the parties on account of petty issue and in that quarrel petitioner gave one Lathi blow on the head of the deceased as a result of 2 which deceased fell down on the earth and after that other accused mercilessly assaulted him with Lathi. The submission on behalf of petitioner is that even if the prosecution story assumed to be true, then also, it is a case of Section 304(2) of the Indian Penal Code. The postmortem of the deceased reveals that deceased sustained injury on his head and furthermore his left leg was found fractured. Taking into consideration the above stated facts and circumstances of this case as well as the submissions of the parties, 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 the learned Additional District & Sessions Judge-I, Samastipur, in connection with S.T. No. 179 of 2011 arising out of Warisnagar P.S. Case No. 96 of 2010. Safik (Hemant Kumar Srivastava,J.)