IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25581 of 2008 NAND MUSHAR @ NANDLAL MUSHAR Versus STATE OF BIHAR ----------- 2/ 29.7.2008 Heard learned counsel for the parties. Initially the case was registered under Section 307 and other sections of the Indian Penal Code but after death of the injured Section 302 of the Indian Penal Code has been added. Allegation is that the petitioner exhorted the informant and in the meanwhile other accused persons came and they assaulted him. At the time of occurrence, one witness Rudal Yadav was also present. Submission is that the trial has begun and four witnesses namely, Ramasharay Gupta, Loha Mandal, Suresh Mandal and Mani Yadav have been examined and none of them has supported the prosecution version regarding assault by the petitioner. Further submission is that at best the case comes under the purview of Section 304 Part II of the Indian Penal Code and the petitioner is in jail custody since 30.9.2006. Earlier the prayer for bail of the petitioner was rejected on 5.7.2007 mentioning “for the present”. Considering the facts and circumstances of the case, let petitioner Nand Mushar alias Nandlal Mushar 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 Additional Sessions Judge Ist, Gopalgnaj in Sessions Trial No. 279 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)