IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29582 of 2009 TALA HEMBRAM @ TALU HEMBRUM Versus STATE OF BIHAR ----------- 3 6.1.2010 Heard learned counsel for the parties. Petitioner is one of the assailants who assaulted the deceased on 10.10.2008. The submission of learned counsel for the petitioner is that the deceased died after more than four months of the incident and petitioner along with others has been involved in murder of the deceased while assault if any was caused by petitioner along with others was not the cause of death. Case diary goes to show that a Sanha was lodged taking no seriousness. Injured was left for his house then thereafter he died. Post mortem report is also not corroborating the death due to any injury. If that would have been then also intention to kill can easily be doubted for the offence under section 302 IPC, making ground for rejection of anticipatory bail. In view of submissions and considering the facts and circumstances of the case, prayer for anticipatory bail is allowed. 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 furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in Katihar (M) P.S.Case No. 35/2009, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)