IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.16635 of 2011 Suresh Prasad @ Bugal Yadav @ Bugal Versus The State Of Bihar ---------------------------------- 3 03-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 29.01.2011 in a case initially registered under Section-307 & other minor sections of the Indian Penal Code and subsequently, section-302 of the Indian Penal Code was added. The allegation against the petitioner is that in course of a quarrel on account of land dispute, he gave Lathi blows to deceased causing injury on his head and near eyes. It appears from the case diary that in course of treatment, the injured died. Paragraph-87 of the case diary reveals that when the deceased was medically examined at Primary Health Centre, Sirdala, the doctor had found two injuries; one injury on his head and the second injury near his eyes. The contention of learned counsel for the petitioner is that even if the prosecution story assumed to be true, then also a case under section-304 Part-II of the Indian Penal Code is made out. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the 2 petitioner, namely, Suresh Prasad @ Bugal Yadav @ Bugal be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sirdala P.S. Case No. 169 of 2010 to the satisfaction of Chief Judicial Magistrate, Nawada. A.K.Vishwakarma/- ( Hemant Kumar Srivastava,J.)