IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35623 of 2009 ***** 1. TUN TUN CHOUDHARY S/O HANUMAN CHOUDHARY R/O MATAHIYA NEEM (DHARM RAI GALI) DUMRAON, P.S- DUMRAON, DISTT- BUXAR . …. …. Petitioner Versus 1. THE STATE OF BIHAR …. …. Opposite party ----------- 2. 6.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner surrendered on 28.1.2008 in Dumraon P.S. Case No.159 of 2007, which was registered under Section 304/34 of the Indian Penal Code. Allegation is that at the tea shop of Pappu an altercation took place where the father of the informant was assaulted by fists and slaps. Later on it seems in absence of proper medical treatment he died. The deceased was aged about 65 years of age. Submission of the counsel is that there is no evidence from the postmortem report to show that the death was caused due to assault and injury as no decisive opinion has been given by the Doctor who conducted the postmortem. Even otherwise the charge brought against the petitioner is 304 and he has remained in custody since 28.1.2008. Keeping the above in mind, let the petitioner, namely, Tun Tun Choudhary, be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No.159 of 2007. One of the sureties will be executed by a close blood relation on due identification. Pawan/- (Ajay Kumar Tripathi, J.)