IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2019 of 2009 BHIKHARI MUSHAR, SON OF LATE MOHAN MUSHAR, RESIDENT OF VILLAGE-MUSHARTOLI, RESIDENT OF VILLAGE – MUSHARTOLI, P.S. AGIAON (GARHANI) DISTRICT BHOJPUR ------ PETITIONER Versus STATE OF BIHAR ----- OPPOSITE PARTY. ----------- For the Petitioner : Mr. Sunil Kumar, Advocate. For the State : Mr. Ansarul Haque, A.P.P. ---------- 2. 21/1/2009 Heard learned counsel for the petitioner and learned A.P.P for the State. Petitioner is facing prosecution under Section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the case under Section 302 I.P.C. is not made out as per the provision under Exception 1 of Section 300 of the Indian Penal Code. Further contention is that neither from the First Information Report nor the materials collected during course of investigation, it comes out that occurrence was in a planned manner with the intention and motive to kill. All the persons including the victim and the accused were enjoying dinner and under the impact of some intoxication and provocation, the altercation took place resulting injuries and subsequent death of the victim. Learned counsel for the petitioner further contends that earlier bail was rejected. However, liberty was given to the petitioner to renew his prayer for bail after completion of one year in custody. It is stated that the petitioner has surrendered - 2 - on 15.12.2007 and since then he is in jail custody. In the facts and circumstances of the case, petitioner Bhikhari Mushar is directed to 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 Chief Judicial Magistrate, Ara (Bhojpur) in connection with Agiaon (Garhani) P.S. Case No. 55 of 2007. S.Ali (Dr. Ravi Ranjan, J.)