IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37917 of 2010 MOHAN MAHTO Versus STATE OF BIHAR ----------- 02. 11.10.2010 Petitioner is languishing in custody in a case registered under Sections 302/34 of the I.P.C. The alleged occurrence took place on 26.10.2008 for which a complaint was filed on 26.11.2008 in which there was specific allegation against the petitioner to have assaulted with iron rod on the head of the complainant. In the said complaint, cognizance has not been taken as yet. For the same offence, the present F.I.R. was lodged on 15.12.2008 and in that also the same allegation has been levelled against the petitioner though the place of the occurrence has been shifted. It is submitted that the victim died on the next day of the occurrence i.e. on 27.10. 2008. Considering the unexplained delay in lodging the complaint after a month and lodging the present F.I.R. after about two months of the occurence, let the petitioner namely Mohan Mahto, 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 learned Chief 2 Judicial Magistrate, Saran at Chapra in connection with Dighwara P.S. Case No. 123 of 2008. Shageer ( Dinesh Kumar Singh, J.)