IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24594 of 2010 INDRADEO PASWAN son of Ram Gulam Paswan R/o Village Hario P.S. Bihpur, Dist. Bhagalpur…….Petitioner. Versus STATE OF BIHAR O.P. ----------- 3 05.08.2010 Heard the parties. In a criminal prosecution registered under section 304 of the Indian Penal Code the petitioner and one co-accused Sudhir Yadav have been named as accused in the FIR vide Annexure-1. According to the prosecution case, while co-accused Sudhir Yadav and this petitioner were quarreling on certain issues and there were exchange of brick batting then deceased Deelip Yadav went to pacify that dispute and incidentally a brick hit in his head from behind causing injury to him. After three days of the alleged occurrence he died during the course of treatment. It is submitted that there was absolutely no mens rea on the part of the petiotner to cause any injury to the deceased and further it is not known as to who was responsible for causing that injury to the deceased. The petitioner is stated to be in judicial custody since 7.3.2010. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J. M. Naugachia in connection with Bihpur (Jhandapur) P.S. Case No. 455 of 2009. ( Birendra Prasad Verma, J. ) M.Rahman