IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6453 of 2010 BINDESHWARI RAI @ BINDESHWAR RAI son of late Ram Nihora Rai, resident of village- Ram Bad, P.O.-Maner, P.S.-Maner, Dist.-Patna. Versus STATE OF BIHAR ----------- 2. 11.3.2010. Heard Mr. Yogesh Chandra Verma, learned counsel for the petitioner and Mr. Uma Shanker Prasad Singh, learned APP for the State. The petitioner is in custody in connection with Shashtri Nagar P.S. Case No.296 of 2007 corresponding to Sessions Trial No.195 of 2009 registered for the offences under sections 147, 148, 149, 323 and 302 of the Indian Penal Code. Learned counsel for the petitioner, while pressing the bail petition, submits that even from perusal of first information report it cannot be said that the deceased died due to Lathi blow given by this petitioner. He submits that first information report indicates that first Lathi blow in the occurrence was given on the head of the deceased by this petitioner. Thereafter, co-accused Rameshi Rai assaulted the deceased by a bucket on the head. Other co-accused also assaulted the deceased. Learned counsel also referred annexures 2 and 3, which are first information report of S.K.Puri P.S. Case. 195 of 2007 and S.K.Puri P.S. Case No.196 of 2007 which are relating to the occurrence which had taken place on the same day almost near the place of occurrence of the present case. Learned counsel further submits that the informant of this case was made accused in other two cases and the deceased was also accused in S.K.Puri P.S. Case No.195 of 2007. The petitioner 2 is in custody since 25.11.2008. In view of the facts and circumstances mentioned hereinabove, petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge, Patna, in connection with Sessions Trial No.195 of 2009 arising out of Shashtri Nagar P.S. Case No.296 of 2007 with a condition that on each and every date fixed by the court below the petitioner shall remain present, failing which his bail bond shall stand automatically cancelled, provided that in special exigency the petitioner can file a petition before the court below for prior permission for his non-appearance on a particular date and the court below may examine such prayer on its own merit. Md.S. ( Rakesh Kumar, J.)