IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33042 of 2010 SANJAY RAI Versus STATE OF BIHAR ----------- 3/- 11.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for State. Petitioner seeks his bail in connection with Fatuha P.S. Case No.63 of 2010 initially, registered under Section 307 and other minor sections of the I.P.C. but subsequently, section 302 I.P.C. was added. Allegedly, petitioner along with other co- accused persons assaulted the informant’s son and in that course petitioner gave rod blow on the head of the informant’s son. Vide order dated 04.10.2010 this Court called for Case Diary and Post-Mortem Examination Report but A.S.P., Fatuha has reported vide his letter No. 3907 dated 23.11.2010 that the Post-Mortem of deceased has not been done. Furthermore, learned counsel appearing for the State going through the entire Case Diary submits that the injury report of deceased is also not available in the 2 Case Diary. In the aforesaid circumstances, it is very difficult to ascertain as on which party of his body deceased had received injury. Annexure-2, the photocopy of certificate issued from Sparsh Heritage Hospital shows that deceased died on account of Cardio Respiratory failure. In the aforesaid circumstances, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with above stated Fatuha P.S. Case No. 63 of 2010. Ashwini/- ( Hemant Kumar Srivastava, J.)