IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7455 of 2009 RAJ KUMAR CHOUDHARY SON OF late Brahmdeo Choudhary, resident of village Mouzma, P.S. Bihpur (Bhawanipur),District- Bhagalpur. Versus STATE OF BIHAR with Cr.Misc. No. 14866 of 2009 Dayanand Thakur son of late Kiso @ Kishundeo Thakur, resident of village Ganaur, P.S. Bihpur (Bhabanipur),District- Naugachhia (Bhagalpur). Vrs. The State of Bihar. 2 1.5.09 These are the applications for bail on behalf of Raj Kumar Choudhary and Dayanand Thakur, who are in custody in Parvatta P.S.Case no. 195 of 2008 registered under section 302/34 IPC. It is stated that the informant being the wife of the deceased lodged an information that at about 4 in the after noon of the previous date, petitioner Raj Kumar Choudhary, who is her Gotia came in a jeep and informed the deceased to go to a Mela where they could also witness goat- sacrifices . Petitioner Dayanand Thakur was also with the husband of the informant. Next morning the dead body of the informant’s husband was found and she suspected that the petitioners because of previous enmity had killed him and thrown him. The allegation that the petitioners had committed crime is based on last seen evidence. It is submitted that the time lag between the boarding of the deceased in the jeep of the petitioner and the dead body being found, the theory of last seen cannot believe. Secondly, it is submitted 2 that in the FIR it is mentioned that the petitioner – Raj Kumar Choudhary was the Gotia and on inimical terms with the informant’s husband , it cannot be believed that they would have gone to Mela together. In the facts and circumstances of the case, let petitioners, Raj Kumar Choudhary and Dayanand Thakur be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Khagaria in Parvatta P.S.Case no. 195 of 2008. SINGH (Navaniti Prasad Singh, J.)