IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40168 of 2010 ASHOK RAI, son of Munshi Rai, resident of village-Kawalpara Tola Ekawna, P.S.-Mashrakh, District-Saran Versus SATE OF BIHAR ----------- 2 08.11.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner is in custody in connection with Mashrak P.S. Case No.16 of 2010 for the offence punishable under Section 302/34 of the Indian Penal Code. The allegation against this petitioner is of catching hold of the brother of the informant and whereupon co-accused Om Prakash Rai assaulted the brother by means of dagger causing grievous injury and which proved fatal as the brother of the informant succumbed to the said injury during the course of treatment. Learned counsel for the petitioner with reference to the allegation as set out in the F.I.R. submits that the alleged occurrence is an outcome of altercation which took place between the accused persons and driver of vehicle and during which altercation the petitioner is alleged to have caught hold of the brother of the informant but the fatal blow 2 was given by the co-accused Om Prakash Rai. He submits that for the said allegation, the petitioner has remained in custody since 9.6.2010. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner, Ashok Rai, 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 the Chief Judicial Magistrate, Saran at Chapra in connection with Mashrak P.S. Case No.16 of 2010 subject to the condition that the petitioner would ensure his representation before the Court below on each and very date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court, would confer liberty on the Court concerned to initiate proceeding for cancellation of his bail bonds and to take him into custody. Bibhash (Jyoti Saran, J.)