IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13969 of 2011 SHANKAR DAS AND ANR. Versus THE STATE OF BIHAR 3 30.06.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Petitioners are languishing in jail custody since 22.01.2011 in a case registered under sections-302, 201/34 of the Indian Penal Code in respect of murder of their son. Allegedly, Ranjeet Das, the another son of these petitioners, made his extra-judicial confession before the villagers that he as well as petitioners committed the murder of his brother, namely, Sanjeev Kumar Das and, subsequently, his dead body was buried near Kaliyari. On the basis of aforesaid disclosure, the dead body of deceased, Sanjeev Kumar Das was recovered and the case was registered on the basis of statement of local chowkidar. Learned counsel for the petitioners submits that not a single witness claimed to have seen the actual killing of the deceased and mere recovery of dead body as well as confessional statement of Ranjeet Kumar Das does not bring the petitioners in the category of murderers. The perusal of impugned order shows that when the I.O. visited the house of these petitioners, he found that house of these petitioners, was recently washed. It would appear from - 2 - perusal of the impugned order that except the aforesaid circumstantial evidence as well as confessional statement, there is nothing against these petitioners. So, even if the aforesaid circumstantial evidence assumed to be true, then also at best, section-201 of the Indian Penal Code appears to be applicable against these petitioners. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners, namely, Shankar Das and Urmila Devi be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 189 of 2011 arising out of Amarpur (Fulidumar) P.S. Case No. 04 of 2011 to the satisfaction of Ist Additional Sessions Judge, I/C, Banka. AKV/- (Hemant Kumar Srivastava,J.)