IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19554 of 2008 MANOJ RAI Versus STATE OF BIHAR ----------- 3 30/07/2008 Heard learned counsel for the petitioner and learned counsel representing the State. The case under section 302 of the Indian Penal Code was registered against this petitioner on the fard beyan of Mintu Rai who alleged that the petitioner has given a blow by lathi on the head of his brother Kapildev Rai. He was brought to Patna for treatment but he died. Submission is that in course of investigation the independent witnesses have stated that the deceased himself has arrived at the house of the petitioner. At that time he was having lathi and it is the deceased who started provocating by abusing the petitioner. When the petitioner asked him to refrain then he hit the petitioner in his abdomen by his lathi, thereafter, due to anger the petitioner has given blow. Considering the facts and circumstances of the case, the petitioner Manoj Rai is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri L. B. Singh, J. M. Motihari in connection with Keshariya P.S. Case No. 143 of 2007. avin. (Shyam Kishore Sharma, J.)