IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26971 of 2010 PARAS YADAV, Son of Mushan Yadav, resident of Burhanabir, P.S. Bihia, District-Bhojpur ----------------- Petitioner Versus STATE OF BIHAR ----------- 04 02-02-2011 Heard Sri Subodh Kumar Jha, learned counsel, who was assisted by Sri Sarveshwar Tiwary, learned counsel for the petitioner as well as Smt. Indu Bala Pandey, learned Addl. Public Prosecutor. The petitioner, who is in custody since 21.5.2010 in Bihia P.S. Case No.76 of 2005 for the offences under Section 302/34 of the Indian Penal Code and Section 3 (X) of the SC/ST Act, has prayed for grant of bail. It was alleged by the informant that his father was labourer of the petitioner. It was apprehended by the informant that his father was killed by the petitioner. The informant had noticed on the dead body of his father some burn injury and it was suspected that someone poured hot water and due to that injury he died. Learned counsel for the petitioner, while pressing the bail petition, submits that during the postmortem examination the allegation made by the informant was not corroborated. It was recorded by the doctor in postmortem examination report that cause of death could not be ascertained because of the fact that the injury on the body was not sufficient to cause death. It was further submitted that during investigation none of the witnesses has come forward to claim as an eye witness of the occurrence and only on suspicion the petitioner has been made accused. 2 Learned Addl. Public Prosecutor after examining the postmortem examination report does not dispute the contention of the petitioner regarding injury found on the person of the deceased. Keeping in view the fact that the petitioner is in custody on suspicion, let the petitioner above named be released on bail on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara( Bhojpur) in connection with Bihia P.S. Case No.76 of 2005. NKS/- ( Rakesh Kumar, J.)