IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5017 of 2011 Rajeshwar Yadav, son of late Badari Yadav, resident of village – Phulelpur, P S – Athmalgola, District – Patna - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 04.03.2011 The petitioner is in custody in relation to Barh (Athmalgola) Police Station Case No 353 of 2000 instituted under Sections 302, 201/34 of Indian Penal Code. It was originally instituted under Section 364 of Indian Penal Code. It is alleged that the petitioner alongwith one Bengar Mahto and another had taken away the informant’s brother to see the Durga Puja and, thereafter, the younger brother of the informant was not heard of and it is on the next day that his dead body was found. This was the first information report lodged in the year, 2000. Petitioner has, in the year 2010, appeared before the Court and has been remanded. Learned counsel for the petitioner submits that apart from the theory of last seen, there is no evidence whatsoever associating petitioner with the murder. The dead body was recovered almost 24 hours after the person had left with the petitioner. It is further pointed out that Bengar Mahto has already been granted bail by this Court in Cr Misc No 4323 of 2009 by order dated 21.04.2009 and the case of petitioner is identical. In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in Barh (Athmalgola) Police Station Case No 353 of 2000. M.E.H./ (Navaniti Prasad Singh) 2