IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19801 of 2010 BIHARI YADAV @ BEHARI YADAV Versus STATE OF BIHAR ----------- 3 9.9.2010 Heard learned counsel for the parties. Informant’s son went to Patna for diesel but did not return rather in the next morning his murder was reported and dead body was lying at Bhatdhaura Chowk. Suspicion is cast on this petitioner that earlier there was altercation in between the son and this petitioner for price of vegetable while he was with her at her vegetable shop. That is doubted on the ground that it was the last sequence of the incident of theft committed in the house of one Jaishi Lal Yadav, miscreants while leaving his house with booty, one of them was caught, given some treatment by villagers, gathered there, dashing also and he succumbed to the injuries. Theft was reported by filing Babubarhi P.S. Case No. 2 of 2006. Later Chowkidar also appeared and filed Babubarhi P.S. Case No. 3 of 2006 for the offence under sections 304/34 IPC against unknown. Final form submitted in the case finding no material against this petitioner, only suspicion cast by the informant supported by two more witnesses, 2 has been made ground for cognizance but may never be taken for refusal of anticipatory bail. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall 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, Madhubani in Babubarhi P.S. Case No. 9 of 2006, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)