IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.919 of 2011 MUKESH CHOUDHARY Versus THE STATE OF BIHAR ----------- 03 28.03.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks his bail in connection with Nasriganj (Rajpur) P.S. Case No. 146 of 2010 registered under Section 302 of the Indian Penal Code. Allegedly, the petitioner took the informant’s brother and gave him wine and after that he assaulted the informant’s brother with lathi as a result of which informant’s brother became unconscious and subsequently, he was taken to the clinic of one doctor Ganesh where his treatment was done. It is stated that on account of the aforesaid assault, the informant’s brother died on 24.09.2010 i.e. after one day of the alleged occurrence. Learned counsel for the petitioner drew my attention towards post mortem report and submitted that in course of post mortem examination, the cause of death could not be ascertained and, as a matter of fact, the deceased had taken excess wine as a result of which his condition started deteriorating and subsequently, he died. It is also pointed out by him that the police official after due enquiry recommended for submission of charge sheet under Section 304 of the Indian Penal Code. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the 2 petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj (Rohtas) in connection with above stated Nasriganj (Rajpur) P.S. Case No. 146 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)