IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42663 of 2009 BHAWAN RAI Versus STATE OF BIHAR ----------- 2 11.12.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner has been arrested and remanded to judicial custody on 19.6.2009 when Kalyanpur P.S. Case No. 64 of 2009 came to be registered under several sections of the Indian Penal Code including sections 323, 325 and 302. Submission of learned counsel is that many people have come to be made accused in the FIR. The name of the petitioner also appears but the nature of allegation against him is general that he has also assaulted the deceased by lathi. He however submits that specific allegation is against one Binod Rai who has supposed to have caused lathi blow on the head of the deceased three to four times by virtue of which he got serious injury and later on passed away during course of the treatment at Sadar Hospital, Motihari. He also submits that the allegation of participation in the crime and assault by lathi is general. There is no criminal record of the petitioner and there is on going dispute between the parties. Keeping the above, let the petitioner, namely, Bhawan Rai be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rs. Twently thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, - 2 - Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 64 of 2009. Both the sureties to be executed by blood relations of the petitioner on due identification by the court below. Petitioner will cooperate in the trial by appearing on each and every date fixed in the case either by himself or through his counsel and he will not abscond. RPS (Ajay Kumar Tripathi,J.)