IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35995 of 2008 SANJAY THAKUR Versus STATE OF BIHAR ----------- 3. 19.12.2008 Heard counsel for the parties. The petitioner has approached this Court for grant of bail in a case instituted under section302/34 IPC. The FIR has been lodged against unknown. As per the FIR the dead body of the deceased was lying abandoned behind a school and on that basis the Sub-Inspector of police lodged a case against unknown. The petitioner is said to be own brother of the deceased. It is submitted that except the motive which has been highlighted in course of investigation, there is nothing substantial against the petitioner. According to the counsel for the petitioner, it is also not the prosecution case that the petitioner was last seen with the deceased. It is also submitted that the petitioner is in custody since 12. 02.2008. Counsel for the State, on perusal of the case diary, refers to various statements made in the case diary and submits that the witnesses in course of investigation have suspected the hand of the petitioner in the alleged crime. Having regard to the fact that there is only circumstantial evidence available against the petitioner and also the fact that he is in jail since 12.02.2008, this Court is inclined to grant bail to the petitioner. - 2 - Accordingly, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction Addl.Sessions Judge, F.T.C. IV Khagaria in Khagaria p.s.case no.183 of 2006 (S.C.No.394 of 2008) on the condition that one of the bailors should be close/own family member. hr ( Kishore K. Mandal )