IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21958 of 2009 1. VIJAY CHOUDHARY 2. PINTU CHOUDHARY Versus THE STATE OF BIHAR ----------- 3/ 17/08/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are in custody in a police case under Sections- 302/201/34 of I.P.C. It is submitted that in a case of circumstantial evidence the petitioner was allegedly consuming toddy with the deceased on 29.11.2007. On 18.12.2007 his dead body has been recovered from a well. The informant never complained of the victim being missing. The post mortem examination done on the recovery of the body notices time elapsed since death as ‘2 to 7 days’. The submission, therefore, is that the petitioner cannot be classified as the person with whom the deceased was last seen as the possibility of intervening circumstances credible for a different story cannot be ruled out. Learned counsel for the State from the case diary submits that the body of the deceased was found in the well with his feet tied and some ante mortem injuries. 2 Having considered the facts and circumstances of the case, only for the purposes of bail, let the petitioners above named be enlarged on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Sherghati, district- Gaya in Imamganj P.S. Case No.74/07. KC ( Navin Sinha, J.)