IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 4702 of 2011 Sharwan Paswan, son of late Lakshman Paswan, resident of Village – Laugay, P S – Dhoraiya, District – Banka - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 25.02.2011 The petitioner is in custody since 21.09.2010 in connection with Dhoraiya Police Station Case No 89 of 2010 instituted under Sections 302, 201/34 of Indian Penal Code. On 14.09.2010, an unidentified dead body was found floating in the river. After police was informed, the body was sent for post mortem. Petitioner is the Chowkidar who took the body for post mortem. Later, the son of the deceased was able to identify the body from the cloths and the photograph of the dead body and claimed the body. He then disclosed to the police that the petitioner, who is the Chowkidar and who took the dead body for post mortem, is the cousin of the son of the deceased, in other words nephew of the deceased but he seems to be involved in the murder as he failed to identify the body and tried to conceal the identity. In ordinary course, he should have identified the body. From the order of the Sessions Judge, rejecting the bail application, it appears that apart from this, there is no other material to connect the petitioner with the offence, as committed. The deceased was missing since 10.09.2010 and the body was recovered after four days. In the facts and circumstances of the case, the petitioner abovenamed is directed to b released on bail on his furnishing bonds of Rs 2 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Dhoraiya Police Station Case No 89 of 2010. M.E.H./ (Navaniti Prasad Singh)