IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36717 of 2010 GUDDU MIAN son of Shabbu Mian, resident of village- Belaua, P.S.-Rajgir, Dist.-Nalanda Versus THE STATE OF BIHAR ----------- 3. 7.12.2010. Heard Mr.Shakeel Ahmad Khan learned senior counsel appearing on behalf of the petitioner and Mr.Ram Sunder Rai learned Additional Public Prosecutor appearing on behalf of the State. The sole petitioner, who is in custody in connection with Rajgir P.S.Case No.169 of 2010 for the offences under sections 302/34 of the Indian Penal Code and section 3(X)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, has prayed for grant of bail. It was alleged by the informant that brother of the informant was required to take Rs.500/- from the petitioner and while he went to demand money, the petitioner along with three others brutally assaulted the brother of the informant by means of fists and slaps as well as Lohta. Subsequently, in the night brother of the informant died. While pressing the bail petition, it was submitted by Mr. Khan, learned senior counsel appearing on behalf of the petitioner, that there is specific allegation in the first information report that the deceased was brutally assaulted and due to that reason he subsequently died. It was submitted that after alleged injury the deceased was never carried to the hospital but in stead he was kept in the house of the informant itself and in the night he died. It was 2 submitted that during postmortem examination neither external injury nor internal injury was found on the person of the deceased. Learned counsel further submits that one of the co-accused namely, Anil Chaudhary has been extended privilege of bail by this court in Cr.Misc. No.31357 of 2010 on 16.9.2010. In any event, it was submitted that the allegation was general and omnibus. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner. In view of the facts and circumstances of the case particularly the fact that one of the co-accused has been extended privilege of bail, there is no reason to deny the prayer for bail of the petitioner. Accordingly, prayer for bail is allowed. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rajgir P.S.Case No.169 of 2010 on the same terms and conditions as have been imposed in Cr.Misc. No.31357 of 2001 (Anil Chaudhary S/o Chandra Chaudhary Vs. The State of Bihar) disposed of on 16.9.2010. Md.S. ( Rakesh Kumar, J.)