IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9356 of 2011 IRSHAD KHAN @ MOTAKA @ USTAK MIYA s/o Mustafa Khan,r/o village- Khan Bairiya , P.S. Uchakagaon, District- Gopalganj. Versus THE STATE OF BIHAR . ----------- 2 25.3.2010 The petitioner is in custody in relation to Uchakagaon P.S.Case no. 143/2010 instituted under Sections 302 and 201 of the Indian Penal Code. The informant alleges that the young nephew of the informant had gone to watch T.V on 5.11.2010 (Diwali day) but did not return. Two days thereafter 7.11.2010 his dead body was recovered. Post mortem report shows that the boy has been killed by strangulation. Accordingly, the present FIR was registered. In course of investigation certain other children, who had gone with the deceased disclosed that in the night they had gone to paddy field of the petitioner for collecting some green paddy. The petitioner chased them but managed to caught hold of the deceased. This fact clearly shows that it is the petitioner who was the responsible for this crime. The informant then filed a protest petition wherein he changes the whole story and now named persons responsible for his nephew death. Learned counsel for the petitioner submits that this falsify the police investigation. Be that as it may there being two versions now, the petitioner would certainly be entitled to get benefit of doubt. Let above named petitioner be released on bail on 2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in Uchakagaon P.S.Case no. 143 of 2010. Singh ( Navaniti Prasad Singh, J.)