IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5095 of 2010 ANIL RAI son of Ram Padarat Rai, resident of village Chandpatti, P.S. Sursand, District Sitamarhi… Petitioner Versus THE STATE OF BIHAR… ..Opposite Party For the Petitioner: Mr. Ashok Kumar Jha, Advocate For the State: Mr. Dinesh Singh, APP ----------- 2 11.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation of assaulting the deceased by knife is upon co-accused Ram Padarat Rai( the father of the petitioner) and Bikau Rai, whereas the petitioner armed with lathi was present along with other accused persons and he caught hold of the deceased. Learned counsel further submits that the post-mortem report reveals that there are incised wounds, whereas the petitioner was armed with lathi. As such, it is also submitted that the petitioner’s case is distinguishable from that the co-accused Ram Padarat Rai and Bikau Rai. The petitioner is stated to be in custody since 18.01.2010. Considering the facts and circumstances of the 2 case, I direct the abovenamed petitioner, Anil Rai, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Pupri, Sitamarhi in Sursand Police Station Case No. 139 of 2009. SC ( Dr. Ravi Ranjan, J.)