IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27583 of 2009 RUMAN, son of Sahdeo Raut, Resident of village-Purani Mehasi, P.S.- Mehasi, District-East Champaran. …….Petitioner Versus The State of Bihar ……Opposite Party. ----------- 03. 30.10.2009 Heard learned counsel for the petitioner and the learned Addl. P.P. for the State. Petitioner is in custody since 03.02.2009 in connection with Mehsi P.S. Case No. 09 of 2009 which was instituted under Section 302/34 of the Indian Penal Code. The allegation is that on 2nd of February, 2009 at about 05:00 P.M. one Naresh Mahto along with the petitioner came to the house of the informant and took her husband away for consumption of toddy. The husband thereafter did not return and later on his dead body was fished out from the Ganj Ghat when the present case came to be instituted. Submission of the learned counsel for the petitioner is that it is a case of suspicion on the theory of last seen. There are no eye witnesses to the said crime and the death is unexplained but does not rest at the door of the petitioner. Petitioner does 2 not deny that yes he used to share toddy with the deceased for which the wife of the deceased had some reservation. Giving the benefit of doubt to the petitioner at this state, let the petitioner namely Ruman be enlarged on bail on furnishing bail bond of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Mehsi P.S. Case No. 09 of 2009. One of the sureties will be executed by the mother of the petitioner on due identification by the Court below. The petitioner will cooperate in the trial and appear on each and every date in person or through his counsel. Shageer (Ajay Kumar Tripathi, J)