IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41095 of 2009 RAJIV SINGH @ KAKU SINGH Versus STATE OF BIHAR ----------- 3 7.1.2010 Heard learned counsel for the parties. The prosecution case is to the effect that the deceased accompanied this petitioner for Duragaman to village Lailakh and in the morning his dead body was found lying at the railway track. Petitioner has been alleged for killing. The submission of learned counsel for the petitioner is that witnesses are there to state that the deceased boarded the train in the morning for his village and in that course fell down from the train resulting into his death. He referred to the statement of one Dilip Kumar in paragraph-28 of the case diary with whom the deceased was sleeping, further having corroboration of confession made by one Parmanand Mandal about his having involvement to get the deceased fallen down from the train. Paragraphs 28 and 149 of the case diary can be referred for the same. Paragraph-149 of the case diary is confession of one Sujit recorded under section 164 Cr. P.C. in which he states about purchase of deceased’s mobile from Parmanand Mandal. Learned counsel further submits that earlier to giving of Fardbeyan, an information was given by the informant to Station Master, Lailakh about taking place of accidental death that is why charge sheet was submitted against Parmanand Mandal only exonerating this petitioner which entitles the petitioner for bail. I agree with the submission of learned counsel. 2 In the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Sabour P.S.Case No. 424 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)