IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45148 of 2008 Umesh Prasad, son of Sahga Prasad Yadav @ Sahjanand Prasad Yadav, resident of village-Remnimabagh, Police Station- Naubatpur, District-Patna. …………………….Petitioner. Versus The State of Bihar. ……………………………Opposite Party. ----------- 3. 19. 02. 09. Heard learned lawyer for the petitioner and the State. The petitioner seeks bail in connection with Naubatpur Police Station Case No. 16/06 for offence under Sections 328 and 302/34 of the Indian Penal Code regarding killing of a boy aged about 10 years. According to the informant his nephew while returning from the school at 4 P.M. reached near the house of Laldeo Prasad, then the petitioner and six others took him to nearby filed and administered poison. The victim was taken to hospital where succumbed. Occurrence was on account of enmity. Submission is that in course of investigation, the Deputy Superintendent of Police, Danapur, in his supervision note has stated that there is no evidence against the accused persons and the entire occurrence appears to be suspicious and doubtful. Later on a Protest Petition has been filed. There is general allegation against this petitioner and others that they have administered poison. Further submission is that the Head Master of the School has been examined under Section 161 Cr.P.C. and he has stated that Priyaranjan Kumar(deceased boy) went to his home along with other children at 1 O’clock, he returned to school after luncheon interval then he was not feeling well. Prayer for bail has been opposed by the learned counsel for - 2 - the informant who submitted that in course of investigation witnesses have supported the case. Viscera report has been received, according to which death on account of poisoning. The petitioner is in custody since 4. 6. 08. One of co-accused Kamla Prasad has already been granted bail on 15. 10. 08 in Cr. Misc. No. 34361/08 by this Court. The allegation against the petitioner is similar. Learned counsel for the informant opposed the prayer for bail. Considering the facts and circumstances of the case, the petitioner namely, Umesh Prasad is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur at Patna, in connection with Naubatpur Police Station Case No. 16/06. m.p. (Shyam Kishore Sharma, J.)