IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4123 of 2010 BHUSHAN YADAV son of late Ram Pravesh Yadav, resident of Village-Shivan Bigha, P.S.-Rahui(Wena), Dist.-Nalanda. Versus THE STATE OF BIHAR ----------- 2. 22.2.2010. Heard Mr. Mukesh Kumar, learned counsel for the petitioner and learned A.P.P, for the State. The petitioner is in custody in connection with Rahui (Wena) P.S. Case No.193 of 2009 registered for the offences under sections 302 and 201/34 of the Indian Penal Code and Section 3(II)(V)(X)(XI)(XII) of the SC/ST Act. and has prayed for grant of bail. Learned counsel for the petitioner while pressing the bail petition has argued that it is hardly a case of last seen. The informant in her fardbeyan stated that the deceased was seen lastly along with the petitioner and others and thereafter the dead body was recovered. Learned counsel also produced a certified copy of the order dated 29.1.2010 passed in Cr. Misc. No.42718 of 2009 whereby one co-accused namely, Birendra Prasad, was granted bail by this court. Let it be kept on record. He also submits that the case of the petitioner stands on better footing than the case of co-accused Birendra Prasad. Learned counsel for the State does not dispute that it was case of last seen. Considering the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each 2 to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rahui (Wena) P.S. Case No.193 of 2009. Md.S. ( Rakesh Kumar, J.)