IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8007 of 2010 SATYENDRA KUMAR, Son of Sushil Ri, Resident of Baratpur, P.S. Didarganj, District Patna ….. Petitioner Versus THE STATE OF BIHAR …. Opposite Party ----------- For the petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate For the S t a t e : Mrs. Pushpa Sinha, A.P.P. ---- 2 17.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. As per the allegation as set up in the first information report is that the petitioner and four others took the victim to attend a barat in different village and all of them boarded in a Maruti car. However, the barat returned but the victim did not return and on the next day his dead body was recovered from a well and then suspecting the petitioner and others might have killed the deceased, the informant lodged the first information report. It is submitted on behalf of the petitioner that there is no direct or indirect evidence pointing out complicity of this petitioner in commission of 2 the offence. It is true that the victim had gone with the petitioner and others to attend the barat. However, it has also come during the course of investigation, which has also been elaborately discussed in the order of the Addl. Sessions Judge, VIII, Patna while refusing the bail to the petitioner that there had been an accident of the said Maruti car with a truck and one of the injured who has simple injury, who had been treated by a doctor, namely, Dr. Rabindra Kumar Gupta and it has also come that injured was searching another person who boarded at Car. It is submitted that the post mortem report has been discussed in the aforesaid order which goes to show that there was head injury and a finding has also been given that it was a case of drowning. It is submitted that the petitioner had gone to earn his livelihood out of the State, he could not surrender earlier in this case. It is submitted that the petitioner is in custody since 30.10.2009. It is lastly submitted that except suspicion there is nothing against the petitioner to indicate his complicity. Learned counsel for the State submitted that 3 the petitioner along with other three were last seen with the deceased, however as discussed in the order of the Addl. Sessions Judge, VIII, Patna, that there was an accident also and the post mortem report revealed that the deceased received head injury also and it was the case of drowning. In the facts and the circumstances of the case, the petitioner, SATYENDRA KUMAR, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sri S.P.Sukla, J.M, 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 116 of 2003, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation 4 then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)