IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24612 of 2009 BHARAT KESARI, son of Sri Gaya Prasad Kesari, resident of village- Hilalpur, P.S. Industrial Area (Hajipur), District- Vaishali ……….. Petitioner Versus THE STATE OF BIHAR ………….. Opp.Party ----------- 5. 20/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 147, 148, 149, 302, 342, 353, 357 and 333 of the Indian Penal Code. As per prosecution case, a police party had raided the Gumatis being used for selling spurious liquors. In the meanwhile, a mob gathered and attacked the police party and tried to rescue the Gumati owners, in which a police constable died. In the F.I.R. petitioner and many others have been identified as member of the mob which attached the police party. Learned counsel for the petitioner submits that the post mortem report of the deceased shows that he did not die of any assault, rather, his death was caused due to asphyxia. A supplementary affidavit has been filed by the petitioner to show that other named - 2 - accused persons have been allowed bail by this Court by different orders. Petitioner is in custody since 27.3.2009 and it is said that he has no criminal antecedents. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S.Case No.152 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)