IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1961 of 2010 PREMCHAND SAH @ PREM SAH s/o Lakhan Sah, resident of village Gobindpur Singhara, P.S. Mahua, District Vaishali. Versus STATE OF BIHAR ----------- 2 22-02-2010 Heard counsel for the petitioner and counsel for the State. Considering the fact that earlier the case was registered under sections 307/34 of the Indian Penal Code on the version of the deceased himself and he did not even name the petitioner, his subsequent complicity only on account of death of the deceased in course of his treatment, prima-facie would not make him directly liable so as to be denied the privilege of anticipatory bail.. The statement of other witnesses that the petitioner had also assaulted the deceased with LAPPAR- THAPPAR (Fists and Slaps), would also make it clear that the petitioner cannot be an assailant muchless the main assailant in view of the fact that in the postmortem report there is only one injury, namely, operational wound. The aforesaid circumstances coupled with the fact that the petitioner has got no criminal antecedent would itself make him entitled for grant anticipatory bail. That being so, if the petitioner, namely, Premchand Sah @ Prem Sah would surrender within a period of four weeks he 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 2 satisfaction of C.J.M. Vaishali at Hajipur in Mahua P.S. Case No.210 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.)