IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15975 of 2011 Umesh Singh Versus The State Of Bihar ---------------------------------- 3 06-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 15.02.2011 in a case registered under sections-302/34 of the Indian Penal Code. It would appear that there is specific allegation against the petitioner that he gave one iron rod blow on the head of the deceased but submission of learned counsel for the petitioner is that the cause of death of the deceased has been shown in postmortem report as asphyxia due to suffocation after shock and hemorrhage due to head injury. Learned counsel for the petitioner submits that it is the prosecution case that when the deceased fell on earth, rest accused persons pressed his neck. It is contended by him that asphyxia cannot occur on account of head injury. It is further submitted by him that the brother of the deceased has been examined in Sessions Trial No. 90 of 2010 but he has not supported the prosecution case and apart from this, the informant of this case has filed a petition before the Chief Judicial 2 Magistrate, Vaishali at Hajipur disclosing this fact that he had lodged the present case on the basis of hear-say statement to this effect that the petitioner and other accused had been participated in the alleged crime. Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner, namely, Umesh Singh 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 in connection with Bidupur P.S. Case No. 241 of 2009 to the satisfaction of Chief Judicial Magistrate, Hajipur at Vaishali. AKV/- ( Hemant Kumar Srivastava,J.)