IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19121 of 2009 1. PANKAJ KUMAR MISHRA, son of late Dinesh Mishra 2. Prakash Mishra, son of late Khagesh Mishra 3. Dipak Mishra, son of late Khagesh Mishra 4. Mustafa @ Behra, son of late Shafique, all are residents of village-Ekamba, P.S.-Jalagarh, District-Purnea ------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 3. 14.9.2009 Learned counsel for the petitioners submits that above named petitioner no.4 has been arrested and, as such, this application as against him has become infructuous. This application is dismissed as infructuous as against petitioner no.4. Heard learned counsel for the petitioners and the State. A dead body was found hanging from a tree, may be a case of suicide or homicide but for the involvement of the petitioner it is submitted that there is no evidence at all to connect the petitioner save and except enmity prevailing in between the parties. If the statement of para-10 that two of the accused persons were seen in the courtyard of petitioner no.1, further circumstances is lacking to the probability of persons where dead body was found hanging. It appears a simple case of suspicion till today basing the material collected by the investigating officer. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order the above named petitioner nos.1 to 3 shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the - 2 - satisfaction of the C.J.M., Purnea, in connection with Jalal garh P.S. case no.18 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, at the stage of hearing on the point of charge, it will be open for the trial court to reassess the witnesses if do not justify petitioners bail. Sudip ( Mandhata Singh, J )