IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13458 of 2011 MANOJ SARDAR @ MANOJ KUMAR SARDAR Versus THE STATE OF BIHAR ----------- 02. 26.05.2011 Heard learned counsels for the petitioner, informant and State. Petitioner is languishing in custody since 12.06.2010 in a case registered under Sections 302, 201/34 of the I.P.C. It is alleged that on 10.06.2010 petitioner along with one Pankaj Kumar took the informant son to market and next day the dead body was recovered with strangulation injury. The F.I.R. reflects that there was some quarrel between the Pankaj Kumar Bhagat and informant’s son and for the same the informant’s son was killed. From the averment of the informant, it appears that there was no eye witness to the occurrence. The accusation of last seen propagated by the informant in the F.I.R. has been doubted by this Court while considering the bail application of the Pankaj Kumar Bhagat on the ground that since the victim was on serious inimical term with the petitioner and Pankaj Kumar Bhagat then there was no occasion for the deceased to go in the company of Pankaj Kumar. 2 It is submitted by learned counsel for the informant that on the confession of the petitioner the dead body was recovered and petitioner’s side used to threat the informant much prior to the occurrence and also subsequent to lodging of the F.I.R. It is submitted by learned counsel for the petitioner that the occurrence is of 10.06.2010 whereas the inquest report was prepared on 11.06.2010 at 4:30 P.M. and the fardbeyan was recorded at 5:00 P.M. whereas it is alleged that the confession of this petitioner is of the same day at 6:00 P.M. I find no material distinction between the case of Pankaj Kumar Bhagat and this petitioner who was already granted bail. Considering the aforesaid facts, let the petitioner namely Manoj Sardar @ Manoj Kumar Sardar, be released on 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, Araria in connection with Forbesganj P.S. Case No. 178 of 2010, G.R. No. 1136 of 2010. Shageer ( Dinesh Kumar Singh, J)