IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20904 of 2009 MD.IRSHAD Versus STATE OF BIHAR ----------- 2 24.7.2009 Heard learned counsel for the petitioner and the State. In the case, petitioner along with Ayaz has been alleged for causing assault by means of fist and danda and according to learned counsel, there was no previous reason for causing assault rather there was altercation for a trivial matter and that resulted into causing of assault, after receiving injuries admittedly the deceased remained in his house for six days and died then only, in my view also it is not the stage to make any observation regarding making out of a case either under section 304(I), (II) or 304A IPC but allegation and circumstance do not justify refusal of petitioner’s anticipatory bail. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on - 2 - furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Sabour (Goradih) PS case no. 14/2008, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI