IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12693 of 2011 Sunil Singh, S/O-Sri Mahavir Singh Versus The State Of Bihar ----------- 04 01.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Although, petitioner is named in the first information report but admittedly, none has seen the actual killing of the deceased and it is alleged that on 08.11.2010 at about 04:00 P.M. deceased left his home along with petitioner by a motorcycle and on the same day at about 10:00 P.M. petitioner returned and when mother of the deceased enquired from the petitioner about the whereabouts of the deceased, he did not disclose anything and in the next morning he left his in- laws house. It would appear from perusal of the impugned order as well as submission of the parties that when the dead body of the deceased was found, a red coloured T-shirt was tied around the neck of the deceased. Admittedly, after recovery of the dead body, the Ferdbeyan of the informant was recorded and in the aforesaid Ferdbeyan there is no mention of this fact that the aforesaid T-shirt belonged to the petitioner. Subsequently, some witnesses claimed before the Investigating officer that the aforesaid T-shirt belonged to the petitioner and, thereafter, when the house of the petitioner was raided and search was made, a mud stained trouser was recovered from his house. 2 The contention of learned counsel for the petitioner is that it is the specific case of the prosecution that when on the alleged date of occurrence petitioner came to his in-laws house, the mother of the deceased met the petitioner but she has, nowhere, stated that at the aforesaid time, the petitioner was not wearing a shirt. It is also contended by him that the persons, who had allegedly, identified the T-shirt in question, are none else but the brother and other family members of the informant. Although, learned Additional Public Prosecutor opposed the prayer of bail of the petitioner on the basis of aforesaid circumstances but considering the submission advanced on behalf of the parties as well as facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No. 132 of 2010. Shahzad ( Hemant Kumar Srivastava, J.)