IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22752 of 2009 MADAN MAHTO son of late Bangali Mahto, resident of village-Sanichara Asthan Tutlaha, Nagar Basti, P.S.-Waris Nagar. Dist.-Samastipur. Versus STATE OF BIHAR ----------- 3. 9.10.2009. Heard learned counsel for the petitioner and the State. The offence alleged against the petitioner is under sections 302/34 of the Indian Penal Code. Allegation against the petitioner is that in the morning he along with a co-accused came to the house of the deceased and took him to see the patient. On the same day at about 10 A.M. the dead body of the deceased was found floating in the river. It is submitted that there is absolutely no material against the petitioner to implicate him in the above case. As a mater of fact the deceased used to come to the house of the petitioner and took toddy. As usual he had come on the alleged day of occurrence and thereafter putting his clothes etc. went to take dip in the river. The petitioner has falsely been implicated in the case and is in custody since 17.10.2008. The police after investigation submitted final form but the learned Magistrate differing with the same, took cognizance of the offence. Learned A.P.P. appearing on behalf of the State, on perusal of the case diary, submits that the deceased had gone along with the petitioner in the morning and his dead body on the same day at about 10 A.M. was found floating in the river. Postmortem was held in which it was found that death of the deceased was caused due to - 2 - throttling with hard and blunt substance. As such, the petitioner does not deserve to be enlarged on bail. Considering the facts and circumstances of the case and the submissions made on behalf of the State on perusal of the case diary, I am not inclined to release the petitioner on bail. Accordingly, his prayer for bail is rejected. Md.S. (Shailesh Kumar Sinha,J.)