IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42681 of 2009 MANAGER RAM Versus STATE OF BIHAR ----------- 02/ 14.12.2009 Heard learned counsel appearing on behalf of the petitioner, learned counsel for the informant Ms. Indu Bala Pandey and the learned counsel appearing for the State. The petitioner is an accused in Bhabhua P.S. Case No. 322 of 2009 for offence punishable under Sections 302/34 of the Indian Penal Code. The substance of allegation as set out in the F.I.R. is that the accused persons named therein were cultivating the agricultural field of the informant and when he along with his father tried to stop them then accused Kailash Choubey and his son-in-law Vakil Tiwary and Pappu Koiri started assaulting the father of the informant and dashed him on the ground and started pressing his neck. It is alleged that when the informant tried to stop them then this petitioner started assaulting him. However, the informant somehow saved himself and rushed to his father to save him but found that he had already expired. Learned counsel appearing on behalf of the petitioner submits that save and except the allegation of assault made on the informant no other allegation has been set out against this petitioner and no case under 2 section 302 IPC is made out against him. Learned counsel submits that for the said assault he is in custody since 17.10.2009. Having regard to the circumstances set forth, let petitioner Manager Ram be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Bhabhua P.S. Case No. 322 of 2009. S.Sb/- (Jyoti Saran, J.)