IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28666 of 2009 TAPESHWAR RAM Versus The STATE OF BIHAR ----------- 3/ 15.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is named in the F.I.R. itself but according to the learned counsel that was not seen by any eye witness in the day time. Deceased disappeared leaving his wife near Dharmashala. Thereafter, only it is said that the people called him without specifying if they were seen alluring or talking or using only force to the deceased not the eye witness to watch this petitioner along with others with deceased any time after leaving his wife till his killing, rather his wife is making statement unknown person took the deceased on the motorcycle and thereafter, only dead body was recovered. That can be case of last seen but with unknown. Petitioner has been involved due to previous enmity only. Murder case was also pending against both the parties for killing of one of the members of each family. Considering the facts and circumstance of the case, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Fatuha P.S. Case No. 12 of 2009, above named petitioner shall 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 Additional Chief Judicial Magistrate, Patna City subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail (Mandhata Singh,J.)