IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39749 of 2009 1. AWADHESH KUMAR SINGH @ AWADHESH THAKUR 2. Moti Mahto @ Motilal Mahto Versus THE STATE OF BIHAR ---with--- Cr.Misc. No.44049 of 2009 1. OMKAR NATH SRIVASTAVA @ MUNNA SRIVASTAVA 2. Parmatma Ram Versus The STATE OF BIHAR ------- 5/ 27.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. On information received, the informant went to the Chawar an skeleton was found said to be of informant’s son. Petitioners and others have been involved on the ground that there was enmity in between the informant and accused persons for settlement of pond for fishing. For the petitioner Omkar Nath Srivastava, it is said that he took the deceased with him on 24.06.2009, thereafter he did not come back rather skeleton was found on 27.06.1999. A dead body is said found in Chawar and claim is made about identification of the dead body by the informant’s family members and prosecution witnesses which is doubted on the ground that it was skeleton only which was seen for its examination in forensic laboratory from where a report is there that skeleton was of male killed in between 7 to 10 days. Much stress is made that acid was poured for causing injury but Inquest Report is also speaking about being the same as skeleton. There is submission regarding petitioners having criminal antecedent but by the witnesses only or in supervision report. If it is a case of last seen 2 then also following of the deceased with Omkar Nath Srivastava with whom there was enmity is not believed specifically when the skeleton found in the case is opined about 7 to 10 days earlier killed male. So, at the moment with all firms, it cannot be said that petitioners were the real culprits for the purpose of anticipatory bail. Considering the facts and circumstances of the case, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Mashrak P.S. Case No. 65 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)