IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45557 of 2009 1. RAJENDRA MANDAL , son of late Bhiro Mandal 2. Ratan Mandal, Son of Rajednra Mandal Residents of village Chatrahar, P.S. Shambhuganj, District Banka …. Petitioners Versus STATE OF BIHAR ……. Opposite Party ----------- For the petitioner : Mr. Rakesh Kr. Sinha, 1, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. 4 18.03.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. As per the allegation, as set up in the first information report, it has been stated by the first informant that the petitioners along with co-accused Satish Mandal, Ram Bilash Yadav and Bachhu Mandal might have killed the deceased as these petitioners were also seen standing nearby. Learned counsel for the petitioners submitted that there is no direct or indirect evidence against the petitioners except suspicion raised by the first informant. It has been alleged in the first information report that the petitioners along with other co- 2 accused persons might have killed the son of the informant by suffocating him and thereafter might have thrown his body in the river. However, it is submitted that cause of death as shown in the post mortem report is the injury caused by hard and blunt substance. Some witnesses have also stated during the course of investigation that the deceased was drowned and might have fallen down from the bridge. Learned counsel for the State submitted that though it is case of circumstantial evidence and strong suspicion has been raised against the petitioners as there was some dispute also between the petitioners and the deceased. However, it is stated that another version has also come that the deceased, on being drunk might have fellen down from the bridge. In the facts and the circumstances of the case, the petitioners, Rajendra Mandal and Ratan Mandal, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount 3 each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 2 of 2009, with a further condition that one of the bailors of the petitioners must be a close relative or family member of the petitioners, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioners. Spd/- (Dr. Ravi Ranjan, J.)