IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34884 of 2008 VISHWANATH SINGH SON OF FAUJDAR SINGH RESIDENTOF VILLAGE KOTWALI,P.S.KOTWALI,DIST .EAST CHAMPARAN Versus THE STATE OF BIHAR ----------- For the petitioner: Mr. Y.V. Giri, Sr. Adv. For the State : Mr. Choubey Jawar, A.P.P. ------------ 3 10.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is facing prosecution under section 302, and other allied sections of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been made accused merely on the basis of suspicion. According to him during the course of investigation several independent witnesses of the case diary have stated that the deceased, prior to this occurrence, has attempted to commit suicide on four earlier occasion. Further submission is that it is apparent from the statements of co-villagers and independent witnesses that he had taken poison at his shop and later on died during the course of treatment. Further submission is that all the witnesses who have supported the first information report are either close relations or close family friends of the informant. It is stated that there is no eye witness rather all of them are hearsay witnesses. Learned counsel further states that antecedent of the petitioner is clean and he respectable man of the society and he is in jail custody since 10.4.2008. Learned counsel for the State submits that it is a case of 302 I.P.C. wherein the allegation is that the petitioner is responsible for poisoning of the deceased. - 2 - In the facts and circumstances of the case petitioner Vishwanath Singh is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Kotwa P.S. case no. 40 of 2008. Rahman/ (Dr. Ravi Ranjan, J)