IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12300 of 2009 ***** Ajay Kumar Chaudhary, son of Late Sitaram Chaudhary, resident of village- Shadipur, P.S. Kotwali, District-Munger. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 21.7.2009. Heard learned senior counsel for the petitioner and the learned A.P.P. for the State. Petitioner is in custody since 11.10.2008 in relation to Munger Kotwali P.S. Case No.475/07 for offences under Sections 147, 148, 149, 342, 304/302 of the Indian Penal Code. Submission of learned senior counsel appearing for the petitioner is that initially a complaint case came to be filed, which was registered as Complaint Case No.1135(C) of 2007 alleging there that on 21.10.2007 the accused persons entered into a hot altercation with one Suraj Yadav, son of the complainant but later on came to be assaulted by an iron rod. It is stated that he had to undergo treatment at various places and ultimately he died at Lucknow. It is only after the death that the complainant, namely, Rajendra Yadav decided to file a complaint which was ordered to be registered as a police case and investigated. Submission is that the whole thing becomes suspicious in the light of the narration as well as the fact that all the brothers of one family have been made accused in the complaint taking advantage of the fact that the deceased also suffered from the cardiac problems. There are certain unexplained area which is not evident from the records, which according to this Court accrues in favour of the - 2 - petitioner. further keeping the period the petitioner has been in custody, let the petitioner, namely, Ajay Kumar Chaudhary, be released on bail on his furnishing bail bond in the sum of Rs.20,000/- with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Munger Kotwali P.S. Case No.475/07 with a direction that the petitioner will cooperate in the conduct of trial and will not abscond. Pawan/- (Ajay Kumar Tripathi, J.)