IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52602 of 2007 NAIKA TUDU Versus STATE OF BIHAR ----------- 05. 05.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that according to first information report two other co-accused persons sat on the chest of the deceased and pressed it, whereafter two other persons, namely Naika Tudu and his son Suraj Tudu are said to have assaulted the deceased with lathi. Learned counsel for the petitioner further submits that the postmortem report does not support the allegation against the petitioner as merely two bruises were found on the chest of the deceased and in the opinion of the doctor death was due to injury over chest and abdomen leading to internal hemorrhage and shock leading to death. Learned counsel for the petitioner also avers that another co- accused, namely Suraj Tudu, against whom there is exactly similar allegation, has been enlarged on bail on the orders of this court dated 06.01.2004 passed in Cr.Misc. No.736 of 2003. Learned counsel for the petitioner further contends that other two accused persons who are alleged to have thrown the deceased on the ground and had sat over the deceased and pressed his chest, namely Rampat Tudu and Dhani Ram Tudu, have already been enlarged on bail on the orders of this court dated 07.05.2004 and 04.11.2003 respectively passed in - 2 - Cr.Misc.No.9201 of 2004 and Cr.Misc.No.25879 of 2003. Learned counsel for the petitioner also submits that the petitioner is an old and ailing person 70 years of age and is in custody since about a year, i.e. 18.05.2007. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Naika Tudu, be released on bail on furnishing bail bond of Rs.10,000.00 ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction learned Chief Judicial Magistrate, Jamui in connection with Chakai Police Station Case No.09 of 2003. sunil ( S.N.Hussain,J.)