IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46648 of 2007 RAVINDRA PASWAN Versus STATE OF BIHAR With Cr. Misc. No. 49923 of 2007 MUKHA BAITHA @ MUKHO BAITHA Versus THE STATE OF BIHAR ----------- 3 02.05.2008 Heard both sides. Both the bail applications arise out of Ramgarhwa P.S. case no. 31/2007 instituted under sections 302, 341, 323, 427, 307, 379, 504/34 of I.P.C. . Subsequently section 302 was added as the injured died subsequently. In the first case (Cr. Misc. No. 46648 of 2007), it has been submitted that according to the F.I.R., the petitioner is said to have tried to strangulate the informant (deceased). Referring to the post mortem report (Annexurre-2), it has been submitted that the cause of death found by the doctor is the injury sustained by hard blunt substance on and around the chest and abdomen of the deceased. It has further been submitted that the petitioner is in custody since 13.4.2007. Considering the facts and circumstances of the case, let the petitioner Ravindra Paswan (Cr. Misc. No. 46648 of 2007) 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 S.D.J.M., Raxaul at Motihari in Ramgarhwa P.S. case no. 31/2007. So far as the second case(Cr. Misc. No. 49923/2007 is - 2 - concerned, the allegation is that he assaulted the victim with bamboo stick on the chest and abdomen. The doctor found the corresponding injury as would appear from the post mortem report. In the facts and circumstances of the case, the bail application of the petitioner (Cr. Misc. No. 49923/2007) stands rejected. If there is undue delay in taking up the trial, the petitioner may renew his prayer for bail. pkj ( Kishore K. Mandal, J )