IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31342 of 2009 SHAMBHU RAUT Versus STATE OF BIHAR ----------- 2 15.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Pakaridayal P.S. Case No. 04 of 2009 registered under Sections 147, 148, 148, 149, 323, 504, 307, 302/34 of the Indian Penal Code. The dispute which led to the alleged occurrence arose by reason of construction of a boundary wall by the accused persons and which was said to have been protested by the deceased leading to the assault made by the accused persons and in which it is stated that Shashi Raut gave farsa blow on the head of the brother of the informant and which was fatal leading to his death. It is stated on behalf of the petitioner that the post mortem report does not support the case of the prosecution. It is further stated that the omnibus allegation has been made against the petitioner about assault made on the deceased but the death was by 2 reason of the injury on the head. It is stated that the alleged occurrence was an outcome of civil dispute and in absence of any specific overt act against the petitioner, he cannot deprive from the privilege of bail. It is further contended that petitioner has been languishing in Jail custody since 15.1.2009. Having regard to the facts and circumstances of the case, let the petitioner, Shambhu Raut, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikarahana at Motihari in connection with Pakaridayal P.S. Case No. 4/09. Bibhash (Jyoti Saran, J. )