IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4323 of 2009 BENGAR MAHTO son of Late Paro Mahto Resident of village Phulel Pur, P.S.Athmalgola,Distt.Patna Versus STATE OF BIHAR ----------- 3. 21.4.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registered under section 364/34 of the Indian Penal Code. After recovery of the dead body of informant’s younger brother Munchun Kumar, Sections 302 and 201 of the Indian Penal Code were added. Allegation is that this petitioner and two named accused and two unknown accused persons came to the house of the informant and on being asked by them, his younger brother went along with them but he did not return and later on his dead body was found. Submission is that there is no witness of the occurrence. Further submission is that the Sessions Judge has committed error of record mentioning in the order that the petitioner has a trail of criminal history. The fact is that the deceased himself was having a trail of criminal history. The petitioner has no criminal antecedent. At best this is a case of last seen. Considering the facts and circumstances of the case the above named petitioner 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 of Additional Chief Judicial Magistrate, Barh/concerned court in connection with Barh (Athmalgola) P.S.Case No. 353 of 2000. Md.S. (Shyam Kishore Sharma,J.)