IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25720 of 2009 1. VEYAS YADAV,son of Sheo Pujan Yadav @ Sheopujan 2. Sheo Pujan Yadav @ Sheo Pujan,son of Babu Ram yadav Both are resident of village- Basopatti, P.S.-Banktha,Dist.-Deoria (U.P.). Versus STATE OF BIHAR ----------- 03/ 10-11-2009 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. Submission of the learned counsel for the petitioners is that there is no witness at all to connect the petitioners in the incident and suggestion of the counsel for the informant about being a case of circumstantial evidence and last seen may never can be believed as petitioner no.1 called him for accompanying to Mairwa Station where deceased was seen with five persons, according to the informant, intoxicated state but dead body was found after five days, examined by a team of doctors finding the death within 24-48 hours and during that period petitioner no.1 remained at his house as he was asked whereabout of the deceased. In the suggested facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Mairwa P.S.Case No.25/2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the 2 conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. However, materials further collected by the Investigating Officer shall be scrutinized at the stage of charge. AH/ ( Mandhata Singh, J. )