IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29239 of 2011 Mithu Yadav Versus The State Of Bihar ------------------------------------- Lawyer for Petitioner- M/S Prabhu Narayan Sharma & Mr. Bimal Kumar No.2-Advs. Lawyer for State- Gopesh Kumar- A.P.P. --------------------------------------- 03. 09.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. Dead body of informant’s husband is found. Submission is about appearing no evidence in the case diary to involve the petitioner in the incident. Extract of post mortem report is there in Paragraph-29 of the case diary to show that death was homicidal as ligature mark is found on the neck followed by other injuries. Deceased left his home telling his wife about going with one Bhukendra Yadav to his daughter in-law’s village. Further it is stated in the F.I.R. that Bhukendra Yadav told her that all had taken tea at Kalyanpur and was returning on petitioner’s tempo, Bhukendra Yadav is not examined in the case, but circumstance is there about his involvement also in the case as accused. So, any statement made on his behalf to the informant can be taken as confession in culpatory naming this petitioner also. Bhukendra Yadav is not examined in the case, may be to exonerate him from the liability, but circumstance appearing in the case not justifying bail to this petitioner. Accordingly, petitioner’s prayer for regular bail stands rejected. Matter should be investigated on this point, if, is so felt by the concerned Court. Vikash ( Mandhata Singh, J.)