IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2766 of 2011 MADAN PRASAD DIWAKAR Versus THE STATE OF BIHAR ----------- 02/ 10.03.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Although petitioner is named in the first information report and admittedly, informant has not seen the so-called actual assault on her husband. Admittedly, on the alleged date of occurrence, petitioner and the deceased had taken wine and after that in the next morning the deceased was found lying in unconscious stage having some injuries on his person and subsequently, he died in course of his treatment. It appears from perusal of the impugned order that in course of investigation some witnesses stated before the Investigating Officer that deceased had fallen from roof after taking wine as a result of which he sustained injuries. Although one towel of the petitioner was found near the deceased but mere aforesaid circumstance is not sufficient to connect the petitioner in the alleged crime. In the circumstances, let the petitioner Madan Prasad Diwakar be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Matihani P.S. Case no.118/2010. shahid (Hemant Kumar Srivastava,J)