IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30315 of 2008 MD.SHAMIM, Son of late Anwar Quraishi, Resident of Mohalla-Katrahiya, P.S.-Sadar, District-Darbhanga. Versus THE STATE OF BIHAR ----------- 3 15.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 302,201/34 of the Indian Penal Code. As per the prosecution case the deceased and the petitioner had taken liquor in the night of 4.3.2008 and in drunken condition the petitioner was taking the deceased towards his house but in the process he threw the deceased near the mosque and went away. On the next day the dead body of the deceased was found near the mosque and burial took place. Thereafter, there was a panchyati for maintenance of the children of the deceased. In that panchayati one Md. Moti disclosed that he had seen the deceased and the petitioner taking liquor in the night and carrying the deceased by this petitioner and in the process he threw the deceased near the mosque. Thereafter, the case was instituted by the informant on 6.3.2008. From the FIR as well as the order of the learned Sessions Judge it does not appear that any motive was attributed to the petitioner 2 for murder of the deceased. From the materials available, it appears that because of over intoxication the petitioner was trying to take the deceased to his house but in the process he threw the deceased near the mosque and went away. As disclosed by the wife of the deceased in the FIR itself, the deceased was not keeping good health and was in habit of consuming liquor. In the circumstances, it prima facie appears that there was no motive for this petitioner to have committed the murder of the deceased. The petitioner is in custody since 15.4.2008. In the circumstances, in view of the observations made above, this application is allowed. Let petitioner, namely, Md. Shamim be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Darbhanga in connection with P.s. Case No. 40 of 2008. Arvind/ ( J. N. Singh, J.)