IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52429 of 2008 KAILASH PRASAD, son of Late Mahavir choudhary, Mohalla Sagar, PS Sasaram, Dist. Rohtas, at present Police Inspector, Keshariya, PS Circle Keshariya, Dist. Motihari .. Petitioner. Versus STATE OF BIHAR ----------- 2 10.2.2009 Heard the parties. The petitioner apprehends his arrest in a case under sections 302 and 201 of the Penal Code. One Santosh Kumar was servant of the petitioner. Co- villager Chand Babu also began to work with him. During the night both of them fainted and the petitioner is said to have taken them to the hospital. In the hospital Santosh Kumar survived whereas Chand Babu died. The post mortem report shows no sign of external injury. The viscera report indicates that the boys had taken over dose of heroin and a packet of heroin was also found in the pocket of Chand Babu. A U.D. case was instituted and the matter ended. Thereafter protest petition was filed by the parents of Chand Babu and Santosh Kumar has stated that the heroin was forcibly administered by the petitioner. Learned counsel for the petitioner submits that prima facie the case has been found to be false and the reason for death is over dose of heroin. It is further submitted that Santosh Kumar did not make any allegation in the statement recorded initially before the police against the petitioner and that he could not explain the reason as to why he fainted. It is submitted that it appears that both Santosh Kumar and Chand Babu were in the habit of taking heroin and on the 2 fateful night took over dose of heroin. It is further submitted that the case is false and fabricated. Considering the aforesaid submissions, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Complaint Case No. C-304/2007 arising out of Rakshaul PS Case No. 102/2007, on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the S.D.J.M., Rakshaul, Motihari (East Champaran) subject to the conditions laid down under section 438 (2) of the Cr.P.C. haque (Sheema Ali Khan, J.)