IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40503 of 2009 SUDHIR MANDAL, son of Mahendra Mandal, resident of village-Bhojua, P.S. Gogari, District-Khagaria. …….Petitioner Versus The State Of Bihar ……Opposite Party ------------ 03. 31.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner apprehends his arrest in a case instituted under Sections 302, 201/34 of the Indian Penal Code. The allegation in the First Information Report is that in the informant’s neighbourhood there was a marriage and in that informant’s son Golu Kumar Mandal was there till 1:00 A.M. in the night but he did not return. In the next morning the dead body was recovered and there was some sign of injury on the neck. It is suspected that the petitioner being the neighbour with whom there was some land dispute, he might have committed the occurrence. Learned counsel for the petitioners has submitted that except suspicion there is no other evidence against him till date during investigation and the charge sheet has still not been submitted. It has also been submitted by the learned counsel for the petitioner that it - 2 - has come during investigation in para 40 of the case diary that in the marriage there was stampede and in this stampede the victim boy had died. Learned counsel appearing on behalf of the State has not controverted the fact that except suspicion there is no material in the case diary against the petitioner. In view of the aforesaid facts and circumstances, let the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of 12 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, Khagaria in connection with Gogari P.S. Case No. 86 of 2008, G.R. No. 942 subject to the conditions laid down under Section 438(2) of the Cr. P.C. Shageer (Dinesh Kumar Singh, J)