IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24246 of 2010 Balkishor Manjhi @ Bal Keshwar Manjhi Son of late Ram Roop Manjhi, resident of village- Pachkathia Mushari, P.S. Sahkund, District Bhagalpur --- Petitioner. Versus STATE OF BIHAR--- Opp. Party. ----------- 3/ 06-10-2010 Heard the parties. In a criminal prosecution registered under section 302 of the Indian Penal Code, the petitioner is named in the F.I.R. as an accused. It is submitted that the petitioner and the members of the prosecution party are closely related to each other and they are rather family members. An altercation is said to have taken place between the informant and the present petitioner on the question of return of the loan amount of Rs. 500/-. Father of the informant is said to have reached there to pacify the dispute, whereafter the petitioner is alleged to have throttled his neck and threw him on the ground, as a result of which he is said to have died. It is also submitted that the petitioner had no mens rea to commit the offence of murder punishable under section 302 of the Indian Penal Code. Admittedly the petitioner was not armed with any weapon. Deceased was an old person, aged about 70 years, and he appears to have died in some other manner, not disclosed in the 2 F.I.R., vide Annexure-1. The petitioner is in judicial custody since December, 2009. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Bhagalpur in connection with Sahkund P.S. Case No.121 of 2009, giving rise to S.T.No. 385/2010/ T.R. No. 389/2010. BTiwary/ (Birendra Prasad Verma, J.)