IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42054 of 2011 Sonelal Rai Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Heard counsel for the petitioner and counsel for the State. The petitioner is apprehending his arrest in connection with Patepur P.S.Case No. 89 of 2011 for offences under Sections 341,323,447,302 and 120B/34 of the Indian penal Code. As per the F.I.R. on 28.7.2011 at 11 A.M. accused Ayodhya Paswan, Sheela Devi, Shiv Ji Paswan and Nokhi Paswan came at the darwaja of the informant duly armed with lathi and tega. They abused the informant to which she objected and her husband came to rescue her whereupon accused Ayodhya Paswan gave a tanga( wood cutter) blow on informant’s husband which caused him serious injury as a result of which he fell down and died. Thereafter, the other accused persons assaulted the informant and accused Ayodhdya Paswan who was waving tanga(wood cutter) in the air also fell down on a nad and received injury. He also died. The allegation against the present petitioner is of instigating accused Aayodhya Paswan to assault the informant. Counsel for the petitioner submits that it is an admitted fact that the petitioner was not present at the place of occurrence and only allegation made against the petitioner is 2 that on previous night he had instigated accused Ayodhdya Paswan for committing the offence. In view of the aforesaid facts and circumstances, let the petitioner Sonelal Rai, be directed to be released, either in the event of his arrest by the police or surrender before the court below within four weeks from today, on furnishing a bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with the above noted case, subject to the conditions as laid down in Section 438(2) Cr. P.C. as also with a condition that the petitioner will co-operate in the investigation as well as in the trial of the case. Kanth ( Shivaji Pandey, J.)