IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 34845 of 2010 Mantosh Choudhary @ Mantosh Kumar, son of Sri Nepali Choudhary, resident of Village – Tajpur, P S – Teghra, District – Begusarai - Petitioner Versus State of Bihar - Opposite Party ----------- 2 07.10.2010 Petitioner is in custody in relation to the Teghra Police Station Case No 92 of 2009 instituted on 01.05.2009 for alleged offences under Sections 302, 201/34 of Indian Penal Code. The informant one Kanti Devi lodged the first information report on 01.05.2009 alleging that on 26.04.2009, the accused, alongwith other co-accused, came to her house and asked Chandan Kumar, her son to accompany. Thereafter, Chandan Kumar was not heard of. She suspects that they have killed him. It appears, in course of investigation, witnesses have alleged that they had seen Chandan Kumar sometime with the petitioner and others but, admittedly, there is no eye witness to the occurrence. It is submitted that the first information report is lodged after almost five days of the disappearance of Chandan Kumar. It is also brought to the notice of this Court that two other co-accused persons, namely, Suresh Kumar @ Tinku @ Tibo and Dinesh Singh have already been released on bail by this Court in Cr Misc No 42173 of 2009 and Cr Misc No 9162 of 2010 respectively. Learned Sessions Judge, in his order, has stated that the case of the two persons was distinguishable but he failed to mention in what manner. Considering the aforesaid, the petitioner abovenamed shall 2 be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Teghra Police Station Case No 92 of 2009. M.E.H./ (Navaniti Prasad Singh)