IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35406 of 2008 PATI RAM SINGH & SHYAM KUMAR SINGH Versus STATE OF BIHAR ----------- 4. 1.12.2008 Heard Sri Rana Pratap Singh, Senior Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 302 etc IPC and some of the facts are not disputed. The parties were at logger heads for some homestead land which was longer in between their respective houses. There was serious dispute about the demarcation of the reach in between the two plots and they outside finally to resolve the dispute, as such, an Amin was to be hired. The allegation is that accused Punit Singh came, called the deceased Gujeshwar Sah to his Darwaja so that both of them could go in search of an Amin. The two did not return. There was a search of the deceased. He could not be found, ultimately, Tuntun Sah, the son of the deceased came and informed the informant that the dead body of his father was lying in the premises of a school. It is further alleged that the informant received some telephonic message that his nephew above- named Tuntun Sah had been taken to the captivity of the accused persons so that no case was lodged. In the whole of the FIR, the role of above named two petitioners has not been indicated. In the last episode of taking Tuntun Sah, as a hostage, has been indicated but again that does not bear any names. The learned Judge who refused the prayer for bail has - 2 - drafted a long order but has not referred to any paragraphs of the case diary so as to leading to this Court in reaching any definite conclusion. The learned A.P.P. has referred to some of the paragraphs of the case diary but again that does not specify any specific overt-act against the above named two petitioners, except that they were also suspecting to have hands in the commission of the offence. The doctor did not find any external or internal injury and on that account, could not conclude about the cause of death and appears preferring viscera. The chemical report, indicates that a man died on account of poisoning, it is very difficult, under the above circumstances. It is contended to sustain of prosecution that these two petitioners could be anywhere in the picture in the whole incident. The case diary, which contains the material collected during the investigation, appears almost concluded, does not contain any incriminating material against the two petitioners. Let the above named two petitioners be released from custody on furnishing 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 in Awatar Nagar P.S.Case No.46 of 2002. B.Kr. ( Dharnidhar Jha, J. )