IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9372 of 2011 Subodh Singh Versus The State Of Bihar ----------- 3 06.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. On 08-11-2010, Ramdeo Paswan the Chaukidar got his fardbeyan recorded to the effect that while he was coming to P.S. he saw dead body of Suresh Manjhi at his house where mob have assembled. He further came to know that on account of assault made by petitioner, Subodh Singh on 07-11-2010 in the background of stealthily plucking of Brinjal from his field. Further, there has been disclosure that deceased had died in the evening of 07-11-2010 itself. Further been disclosed that villagers got the dead body disposed of. Contention on behalf of the petitioner is of innocence and false implication in this case by the Chowkidar as he failed to please his plam. Then submitted, there is no connecting link in between the allegation of assault which he made on 07-11-2010 along with the time of death of deceased. Not only this none of the witnesses have disclosed the manner of occurrence. Contrary to this there happens to be consistent material available in the case diary that the deceased after completing his job, had taken toddy in company of Mithu Singh and Umesh singh and subsequently, thereof died. 2 Further been submitted that some of the witnesses have disclosed that the deceased had himself narrated that snake bite him and on account thereof, he died. In sum and substance, the submission is that none of the witnesses put an allegation against the petitioner to be author of the event. At the other hand learned Additional P.P. opposed the prayer and submitted that though the informant does not happens to be an eye witness to occurrence but he was informed regarding the occurrence wherein petitioner had assaulted the deceased and which ultimately led to his death. Fairly submitted that during course of investigation the witnesses have not supported the prosecution version to the extent that one could infer complicity of petitioner and further putting him responsible for causing death of deceased. Regard being had to the facts and circumstances of the case and the materials available, so collected during course of investigation, petitioner, namely, Subodh Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Samastipur in connection with Tajpur (Pusa) P.S. Case No.408 of 2010 within a fortnight in the event of his arrest / surrender in terms of Section 438(2) Cr.P.C. PN (Aditya Kumar Trivedi, J.)