IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10324 of 2010 TAPESHWAR GIRI Versus STATE OF BIHAR ----------- 3 26.5.2010 Heard learned counsel for the parties. Finding substance in submission of learned counsel for the petitioner, I find the case more suspicious without enmity in making allegation against the petitioner while a set of witnesses is there to state that the deceased was sleeping on the culvert perhaps slept after taking wine. Post mortem report shows that no cause of death could be ascertained, viscera is sent for chemical examination. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall 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 Chief Judicial Magistrate, Chapra (Saran) in Marhowarh P.S. Case No. 2 157 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. However, at the stage of framing of charge, the trial court shall reconsider and justify the bail so granted to the petitioner. AI ( Mandhata Singh, J.)