IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35753 of 2010 RAM BABU RAI, SON OF JUNGLAL RAI Versus STATE OF BIHAR ----------- 03 21.01.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Ahiyapur P.S. Case No. 176 of 2010 registered under Sections 147, 148, 149 and 302 of the Indian Penal Code. Allegedly, petitioner along with other First Information Report named accused persons badly assaulted the deceased with fists, slaps and danda, as a result, of which deceased died on the spot. In course of hearing, learned counsel for the petitioner drew my attention towards Annexure-2 to this application and submitted that in course of post mortem examination, no ante mortem injury was found on the person of the deceased. Learned Public Prosecutor appearing for the State, submitted that in course of investigation, it came to light that prior to the above stated incident, deceased had taken toddy, as a result of which he died. Considering the aforesaid submissions as well as materials available on the case diary above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with above stated Ahiyapur P.S. Case No. 176 of 2010. Shahzad (Hemant Kumar Srivastava, J)