IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3848 of 2011 Kailash Kumar alias Kalsa Mandal, S/o-Bino Mandal, R/o-Vill.-Fatehpur, P.S.-Sultanganj, District-Bhagalpur. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 07.02.2011 The petitioner is in custody in relation to Sultanganj P.S. Case No.90/10 which was originally registered under Sections- 364/34 IPC in which ultimately charge sheet has been submitted under Section-302/34 IPC. The informant, the brother of the deceased lodged the F.I.R., inter alia, alleging that when his brother did not return in the evening he made enquiry. When he came to know that petitioner along with Lalu Mandal and Sogil Mandal had taken the informant’s brother to an orchard and smoke Ganja together and thereafter he came to know that the three killed his brother and disposed of the body in the river. No eye witness is sighted nor any motive is attributed. Learned counsel for the petitioner submits that at best it is a case of last seen. Learned A.P.P. on the other hand points out that there appears to be an eye witness who has after making statement under Section-161 Cr.P.C. to the police has made a statement which was recorded under Section-164 Cr.P.C. Learned counsel for the petitioner further submits that he is neither named in the F.I.R. nor there is any indication as to why he had not reported the matter to the police. It is also submitted that Lalu Mandal @ Lalan Mandal has been granted bail by this Court in - 2 - Cr. Misc. No.39470/2010 which was disposed of on 26.11.2010. Be that as it may, let the petitioner above-named be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No.90/10. Trivedi/ (Navaniti Prasad Singh, J.)