IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25498 of 2009 RAJA RAM SINGH, son of Deo Prasad Singh, resident of village- Bhagwanpur, P.S. Pawana, District- Bhojpur ………. Petitioner Versus THE STATE OF BIHAR ……… Opp.Party ----------- 2. 05/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302 read with 34 of the Indian Penal Code. Allegation against petitioner and his son is that on account of some dispute with regard to parking of vehicles, they intercepted Tempo of the deceased and assaulted him with fists, slaps and sticks, on account of which he sustained injuries and subsequently succumbed to his injuries. Learned senior counsel for the petitioner submits that assault by fists, slaps and sticks shows that there was no intention to kill the deceased and only on account of unintentional fatal injuries the deceased died. He submits that so far petitioner is concerned, he is father and aged about 65 years of age and suffering from Asthma. He is in custody since 29.3.2009 i.e. more than six months. Considering the above facts and circumstances, especially, age and ailment of - 2 - the petitioner, this application is allowed. Let petitioner Raja Ram Singh 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, Bhojpur at Ara in Pawana P.S.Case No.12 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.)