IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4860 of 2009 BHAGWAN PRASAD @ JITENDRA PRASAD, son of Birendra Prasad, Resident of Mohalla-Mathiya, Dharam Samaj Road, Near Idgah, Police Station-Chhatauni, District-East Champaran at Motihari. …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 03. 28.08.2009 The petitioner apprehends arrest in Motihari Town P.S. Case No. 02 of 2008 instituted under Sections 302, 120(B) and 201 of the Indian Penal Code. It is alleged that the informant’s son went on motorcycle on 01.01.2008 along with the petitioner in the night. He did not return and his motorcycle was found in damage condition near Moti Jheel. Subsequently after five days his body was found floating in the said Moti Jheel. Petitioner has been named in the First Information Report on basis of last seen, beyond which there is nothing in the F.I.R. itself. It is alleged that petitioner was one of the deceased’s best friends. On behalf of the petitioner, it is submitted that the police after thorough investigation as well as looking into the postmortem report have found that it was a case of accident and accordingly after due supervision final form not sent up petitioner for trial was filed. Petitioner submits that this itself establishes his innocence and false prosecution. Having perused the order of the learned Sessions - 2 - Judge, all that I can say is that investigation is a composite action merely because there are some witnesses supporting prosecution version and it does not mean that the defence which has ultimately found to be correct in investigation is to be brushed aside. In the facts and circumstances stated above, let the petitioner namely Bhagwan Prasad @ Jitendra Prasad, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Town P.S. Case No. 02 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)