IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14753 of 2008 SUBODH RAI Versus STATE OF BIHAR ----------- 02/ 08-05-2008 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant. The petitioner is an accused in a case under Sections 302, 307 and other Sections of the Indian Penal Code. The informant is Shiveshwar Prasad Sharma. He is also deceased of this case. The alleged occurrence took place on 9.2.2005 at about 9 A.M. It is said that accused persons assaulted him with lathi and khanti as a result of which he died. The specific allegation against the petitioner is that he assaulted by khanti on the knee of left leg. Learned counsel submitted that on the basis of allegations at best a case under Section 304 IPC is made out. He submitted that co- accused Arjun Rai and Sanjeet Rai have been allowed bail by this Court in Cr. Misc. No. 1211 of 2007 disposed of on 12.1.2007. He further submitted that petitioner is in custody since 24.12.2007. Learned counsel for the informant, on the other hand, vehemently opposed the bail and submitted that the petitioner has delayed the trial of the case. He submitted that the petitioner remained absconding for a petty long period. In the facts and circumstances of the case, the petitioner, namely, Subodh Rai is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of - 2 - the like amount each to the satisfaction of Sessions Judge, Samastipur in connection with Sessions Trial No. 66 of 2008 arising out of Tajpur (Halai) P.S. Case No. 37 of 2005. S.Sb/- (Madhavendra Saran, J.)