IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42775 of 2009 RAJNESH CHAUDHARY @ BANTI son of Late Krishna Chaudhary, Resident of Village Sahebganj Road Near Shankar Tawkies Cenema Hall, P.S. Chakia, District East Champaran. Versus STATE OF BIHAR ----------- 2 15/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for the offence initially lodged under sections 326/307 and added provision under section 302 of the Indian Penal Code which ultimately stands reduced to section 306 of the Indian Penal Code in the charge sheet, would pray for his bail on the ground that none had claimed him to be responsible in any manner for the death of his father under suspicious circumstance. Mr. Ajoy Kumar Thakur, learned counsel for the petitioner would in fact also submit that the mother of the petitioner, the wife of the deceased, was living separately at Jaipur along with her another son, the deponent of affidavit to this bail application, and that there was no reason for the petitioner to have killed his own father. Mr. Thakur in fact has criticized the approach of the village people in naming the petitioner in a round about manner. Considering the fact that the deceased had two sons, petitioner and the deponent to the affidavit of this 2 bail application, namely, Manish Chaudhary, and that Mr. Manish in open Court has accepted today that there was no property dispute between him and his brother or between him and the deceased father, this Court only for the purpose of bail would also accept that it may be the case of suicide out of depression of the old man living separately from his wife. That being so, the petitioner, namely, Rajnesh Chaudhary @ Banti 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 C.J.M. Motihari, East Champaran in Chakia P.S. Case no.156 of 2009, subject to the condition that one of the bailer of the petitioner must be of Manish Chaudhary, the own brother of the petitioner who had sworn affidavit in support of this bail application. Abhay Kumar (Mihir Kumar Jha, J.)